Common use of Digital Pay-Per-Uses of Academic Course Content and Materials Clause in Contracts

Digital Pay-Per-Uses of Academic Course Content and Materials. (e-coursepacks, electronic reserves, learning management systems, academic institution intranets). For uses in e-coursepacks, posts in electronic reserves, posts in learning management systems, or posts on academic institution intranets, the following additional terms apply: i) The pay-per-uses subject to this Section 14(b) include: A) Posting e-reserves, course management systems, e-coursepacks for text-based content, which grants authorizations to import requested material in electronic format, and allows electronic access to this material to members of a designated college or university class, under the direction of an instructor designated by the college or university, accessible only under appropriate electronic controls (e.g., password); B) Posting e-reserves, course management systems, e-coursepacks for material consisting of photographs or other still images not embedded in text, which grants not only the authorizations described in Section 14(b)(i)(A) above, but also the following authorization: to include the requested material in course materials for use consistent with Section 14(b)(i)(A) above, including any necessary resizing, reformatting or modi cation of the resolution of such requested material (provided that such modi cation does not alter the underlying editorial content or meaning of the requested material, and provided that the resulting xxxx xx content is used solely within the scope of, and in a manner consistent with, the particular authorization described in the Order Con rmation and the Terms), but not including any other form of manipulation, alteration or editing of the requested material; C) Posting e-reserves, course management systems, e-coursepacks or other academic distribution for audiovisual content, which grants not only the authorizations described in Section 14(b)(i)(A) above, but also the following authorizations: (i) to include the requested material in course materials for use consistent with Section 14(b)(i)(A) above; (ii) to display and perform the requested material to such members of such class in the physical classroom or remotely by means of streaming media or other video formats; and (iii) to "clip" or reformat the requested material for purposes of time or content management or ease of delivery, provided that such “clipping” or reformatting does not alter the underlying editorial content or meaning of the requested material and that the resulting material is used solely within the scope of, and in a manner consistent with, the particular authorization described in the Order Con rmation and the Terms. Unless expressly set forth in the relevant Order Conformation, the License does not authorize any other form of manipulation, alteration or editing of the requested material. ii) Unless expressly set forth in the relevant Order Con rmation, no License granted shall in any way: (i) include any right by User to create a substantively non-identical copy of the Work or to edit or in any other way modify the Work (except by means of deleting material immediately preceding or following the entire portion of the Work copied or, in the case of Works subject to Sections 14(b)(1)(B) or (C) above, as described in such Sections) (ii) permit "publishing ventures" where any particular course materials would be systematically marketed at multiple institutions. iii) Subject to any further limitations determined in the Rightsholder Terms (and notwithstanding any apparent contradiction in the Order Con rmation arising from data provided by User), any use authorized under the electronic course content pay-per-use service is limited as follows: A) any License granted shall apply to only one class (bearing a unique identi er as assigned by the institution, and thereby including all sections or other subparts of the class) at one institution; B) use is limited to not more than 25% of the text of a book or of the items in a published collection of essays, poems or articles; C) use is limited to not more than the greater of (a) 25% of the text of an issue of a journal or other periodical or (b) two articles from such an issue; D) no User may sell or distribute any particular materials, whether photocopied or electronic, at more than one institution of learning; E) electronic access to material which is the subject of an electronic-use permission must be limited by means of electronic password, student identi cation or other control permitting access solely to students and instructors in the class; F) User must ensure (through use of an electronic cover page or other appropriate means) that any person, upon gaining electronic access to the material, which is the subject of a permission, shall see: a proper copyright notice, identifying the Rightsholder in whose name CCC has granted permission, a statement to the e ect that such copy was made pursuant to permission, a statement identifying the class to which the material applies and notifying the reader that the material has been made available electronically solely for use in the class, and a statement to the e ect that the material may not be further distributed to any person outside the class, whether by copying or by transmission and whether electronically or in paper form, and User must also ensure that such cover page or other means will print out in the event that the person accessing the material chooses to print out the material or any part thereof. G) any permission granted shall expire at the end of the class and, absent some other form of authorization, User is thereupon required to delete the applicable material from any electronic storage or to block electronic access to the applicable material. iv) Uses of separate portions of a Work, even if they are to be included in the same course material or the same university or college class, require separate permissions under the electronic course content pay-per-use Service. Unless otherwise provided in the Order Con rmation, any grant of rights to User is limited to use completed no later than the end of the academic term (or analogous period) as to which any particular permission is granted.

Digital Pay-Per-Uses of Academic Course Content and Materials. (e-coursepacks, electronic reserves, learning management systems, academic institution intranets). For uses in e-coursepacks, posts in electronic reserves, posts in learning management systems, or posts on academic institution intranets, the following additional terms apply: i) The pay-per-uses subject to this Section 14(b) include: A) Posting e-reserves, course management systems, e-coursepacks for text-based content, which grants authorizations to import requested material in electronic format, and allows electronic access to this material to members of a designated college or university class, under the direction of an instructor designated by the college or university, accessible only under appropriate electronic controls (e.g., password); B) Posting e-reserves, course management systems, e-coursepacks for material consisting of photographs or other still images not embedded in text, which grants not only the authorizations described in Section 14(b)(i)(A) above, but also the following authorization: to include the requested material in course materials for use consistent with Section 14(b)(i)(A) above, including any necessary resizing, reformatting or modi cation modification of the resolution of such requested material (provided that such modi cation modification does not alter the underlying editorial content or meaning of the requested material, and provided that the resulting xxxx xx modified content is used solely within the scope of, and in a manner consistent with, the particular authorization described in the Order Con rmation Confirmation and the Terms), but not including any other form of manipulation, alteration or editing of the requested material; C) Posting e-reserves, course management systems, e-coursepacks or other academic distribution for audiovisual content, which grants not only the authorizations described in Section 14(b)(i)(A) above, but also the following authorizations: (i) to include the requested material in course materials for use consistent with Section 14(b)(i)(A) above; (ii) to display and perform the requested material to such members of such class in the physical classroom or remotely by means of streaming media or other video formats; and (iii) to "“clip" ” or reformat the requested material for purposes of time or content management or ease of delivery, provided that such “clipping” or reformatting does not alter the underlying editorial content or meaning of the requested material and that the resulting material is used solely within the scope of, and in a manner consistent with, the particular authorization described in the Order Con rmation Confirmation and the Terms. Unless expressly set forth in the relevant Order Conformation, the License does not authorize any other form of manipulation, alteration or editing of the requested material. ii) Unless expressly set forth in the relevant Order Con rmationConfirmation, no License granted shall in any way: (i) include any right by User to create a substantively non-identical copy of the Work or to edit or in any other way modify the Work (except by means of deleting material immediately preceding or following the entire portion of the Work copied or, in the case of Works subject to Sections 14(b)(1)(B) or (C) above, as described in such Sections) (ii) permit "“publishing ventures" ” where any particular course materials would be systematically marketed at multiple institutions. iii) Subject to any further limitations determined in the Rightsholder Terms (and notwithstanding any apparent contradiction in the Order Con rmation Confirmation arising from data provided by User), any use authorized under the electronic course content pay-per-use service is limited as follows: A) any License granted shall apply to only one class (bearing a unique identi er identifier as assigned by the institution, and thereby including all sections or other subparts of the class) at one institution; B) use is limited to not more than 25% of the text of a book or of the items in a published collection of essays, poems or articles; C) use is limited to not more than the greater of (a) 25% of the text of an issue of a journal or other periodical or (b) two articles from such an issue; D) no User may sell or distribute any particular materials, whether photocopied or electronic, at more than one institution of learning; E) electronic access to material which is the subject of an electronic-use permission must be limited by means of electronic password, student identi cation identification or other control permitting access solely to students and instructors in the class; F) User must ensure (through use of an electronic cover page or other appropriate means) that any person, upon gaining electronic access to the material, which is the subject of a permission, shall see: a proper copyright notice, identifying the Rightsholder in whose name CCC has granted permission, a statement to the e ect effect that such copy was made pursuant to permission, a statement identifying the class to which the material applies and notifying the reader that the material has been made available electronically solely for use in the class, and a statement to the e ect effect that the material may not be further distributed to any person outside the class, whether by copying or by transmission and whether electronically or in paper form, and User must also ensure that such cover page or other means will print out in the event that the person accessing the material chooses to print out the material or any part thereof. G) any permission granted shall expire at the end of the class and, absent some other form of authorization, User is thereupon required to delete the applicable material from any electronic storage or to block electronic access to the applicable material. iv) Uses of separate portions of a Work, even if they are to be included in the same course material or the same university or college class, require separate permissions under the electronic course content pay-per-use Service. Unless otherwise provided in the Order Con rmationConfirmation, any grant of rights to User is limited to use completed no later than the end of the academic term (or analogous period) as to which any particular permission is granted.

Digital Pay-Per-Uses of Academic Course Content and Materials. (e-coursepacks, electronic reserves, learning management systems, academic institution intranets). For uses in e-coursepacks, posts in electronic reserves, posts in learning management systems, or posts on academic institution intranets, the following additional terms apply: i) The pay-per-uses subject to this Section 14(b) include: A) Posting e-reserves, course management systems, e-coursepacks for text-based content, which grants authorizations to import requested material in electronic format, and allows electronic access to this material to members of a designated college or university class, under the direction of an instructor designated by the college or university, accessible only under appropriate electronic controls (e.g., password); B) Posting e-reserves, course management systems, e-coursepacks for material consisting of photographs or other still images not embedded in text, which grants not only the authorizations described in Section 14(b)(i)(A) above, but also the following authorization: to include the requested material in course materials for use consistent with Section 14(b)(i)(A) above, including any necessary resizing, reformatting or modi cation of the resolution of such requested material (provided that such modi cation does not alter the underlying editorial content or meaning of the requested material, and provided that the resulting xxxx xx modi ed content is used solely within the scope of, and in a manner consistent with, the particular authorization described in the Order Con rmation and the Terms), but not including any other form of manipulation, alteration or editing of the requested material; C) Posting e-reserves, course management systems, e-coursepacks or other academic distribution for audiovisual content, which grants not only the authorizations described in Section 14(b)(i)(A) above, but also the following authorizations: (i) to include the requested material in course materials for use consistent with Section 14(b)(i)(A) above; (ii) to display and perform the requested material to such members of such class in the physical classroom or remotely by means of streaming media or other video formats; and (iii) to "clip" or reformat the requested material for purposes of time or content management or ease of delivery, provided that such “clipping” or reformatting does not alter the underlying editorial content or meaning of the requested material and that the resulting material is used solely within the scope of, and in a manner consistent with, the particular authorization described in the Order Con rmation and the Terms. Unless expressly set forth in the relevant Order Conformation, the License does not authorize any other form of manipulation, alteration or editing of the requested material. ii) Unless expressly set forth in the relevant Order Con rmation, no License granted shall in any way: (i) include any right by User to create a substantively non-identical copy of the Work or to edit or in any other way modify the Work (except by means of deleting material immediately preceding or following the entire portion of the Work copied or, in the case of Works subject to Sections 14(b)(1)(B) or (C) above, as described in such Sections) (ii) permit "publishing ventures" where any particular course materials would be systematically marketed at multiple institutions. iii) Subject to any further limitations determined in the Rightsholder Terms (and notwithstanding any apparent contradiction in the Order Con rmation arising from data provided by User), any use authorized under the electronic course content pay-per-use service is limited as follows: A) any License granted shall apply to only one class (bearing a unique identi er as assigned by the institution, and thereby including all sections or other subparts of the class) at one institution; B) use is limited to not more than 25% of the text of a book or of the items in a published collection of essays, poems or articles; C) use is limited to not more than the greater of (a) 25% of the text of an issue of a journal or other periodical or (b) two articles from such an issue; D) no User may sell or distribute any particular materials, whether photocopied or electronic, at more than one institution of learning; E) electronic access to material which is the subject of an electronic-use permission must be limited by means of electronic password, student identi cation or other control permitting access solely to students and instructors in the class; F) User must ensure (through use of an electronic cover page or other appropriate means) that any person, upon gaining electronic access to the material, which is the subject of a permission, shall see: a proper copyright notice, identifying the Rightsholder in whose name CCC has granted permission, a statement to the e ect that such copy was made pursuant to permission, a statement identifying the class to which the material applies and notifying the reader that the material has been made available electronically solely for use in the class, and a statement to the e ect that the material may not be further distributed to any person outside the class, whether by copying or by transmission and whether electronically or in paper form, and User must also ensure that such cover page or other means will print out in the event that the person accessing the material chooses to print out the material or any part thereof. G) any permission granted shall expire at the end of the class and, absent some other form of authorization, User is thereupon required to delete the applicable material from any electronic storage or to block electronic access to the applicable material. iv) Uses of separate portions of a Work, even if they are to be included in the same course material or the same university or college class, require separate permissions under the electronic course content pay-per-use Service. Unless otherwise provided in the Order Con rmation, any grant of rights to User is limited to use completed no later than the end of the academic term (or analogous period) as to which any particular permission is granted.