Library License Agreement Template for United States

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Key Requirements PROMPT example:

Library License Agreement

"I need a Library License Agreement for my university library to license digital journals and databases from multiple publishers, with specific provisions for remote access by students and faculty, and text mining rights for research purposes, to be effective from January 2025."

Document background

Library License Agreements have become increasingly important with the rise of digital content and remote access to library resources. These agreements serve to protect both the interests of content providers and libraries while ensuring broad access to information resources. A Library License Agreement is essential when a library wishes to provide access to copyrighted materials, databases, or digital resources to its patrons. The document must comply with U.S. federal and state regulations, including copyright law, privacy requirements, and accessibility standards. It typically covers various scenarios of use, from on-site access to remote learning, and can be adapted for different types of libraries and content formats.

Suggested Sections

1. Parties: Identification of the library and licensor, including full legal names and addresses

2. Background: Context of the agreement and purpose of the license

3. Definitions: Key terms used throughout the agreement including 'Licensed Materials', 'Authorized Users', 'Library Premises'

4. Grant of License: Scope of the license, including permitted uses and restrictions

5. Term and Termination: Duration of the agreement and conditions for termination

6. Fees and Payment: License fees, payment terms, and any renewal costs

7. Access and Authentication: Methods of accessing licensed materials and authentication requirements

8. Usage Rights and Restrictions: Detailed permissions and prohibited uses

9. Privacy and Data Protection: Handling of user data and privacy requirements

10. Warranties and Indemnities: Legal guarantees and protections provided by each party

Optional Sections

1. Service Levels: Technical performance requirements and support services - used for digital resources requiring specific availability or performance standards

2. Text and Data Mining Rights: Rights to perform computational analysis on licensed materials - used for research libraries or when content may be used for analysis

3. Preservation Rights: Rights to create archival copies - used for long-term preservation needs

4. Consortia Provisions: Terms specific to library consortia - used when license is for multiple institutions

5. Walk-In User Access: Terms for non-affiliated library visitors - used for public or academic libraries allowing public access

Suggested Schedules

1. Schedule A - Licensed Materials: Detailed list of licensed content or databases

2. Schedule B - Authorized Sites: List of physical locations where access is permitted

3. Schedule C - Fee Schedule: Detailed breakdown of fees and payment terms

4. Schedule D - Technical Specifications: Technical requirements for access and use

5. Schedule E - Service Level Agreement: Detailed performance metrics and support requirements

6. Schedule F - Authorized Users: Definition and categories of authorized users

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Education
Public Sector
Publishing
Research

Relevant Teams

Legal
Acquisitions
Digital Services
Information Technology
Finance

Relevant Roles

Library Director
Collections Manager
Digital Resources Librarian
Publisher Licensing Manager
Library Systems Administrator

Industries

U.S. Copyright Act: Primary federal law governing copyright protection, including provisions for fair use, duration of copyright, and copyright registration (17 U.S.C.)

Digital Millennium Copyright Act (DMCA): Federal law addressing digital copyright issues, including provisions for online service providers and anti-circumvention of technological protection measures

Library Records Confidentiality Laws: State-specific laws protecting the privacy of library users' records and borrowing history

Americans with Disabilities Act (ADA): Federal law requiring accessible design and reasonable accommodations for individuals with disabilities, applicable to library services and materials

Electronic Signatures Act (E-SIGN): Federal law establishing legal recognition of electronic signatures and records in commerce

State Data Breach Notification Laws: State-specific requirements for notification and handling of data breaches involving personal information

Children's Online Privacy Protection Act (COPPA): Federal law imposing requirements on operators of websites or online services directed to children under 13 years of age

Family Educational Rights and Privacy Act (FERPA): Federal law protecting the privacy of student education records, relevant for academic libraries

Section 108 of Copyright Act: Specific copyright exemptions for libraries and archives, including provisions for reproduction and distribution

State Library Laws: State-specific regulations governing library operations, funding, and services

Uniform Commercial Code (UCC): Standardized state laws governing commercial transactions, including contract formation and enforcement

Federal Trade Commission Act: Federal law prohibiting unfair or deceptive trade practices, affecting terms of service and consumer agreements

Section 508 of Rehabilitation Act: Federal requirements for making electronic and information technology accessible to individuals with disabilities

Sherman Antitrust Act: Federal law prohibiting monopolistic practices and protecting competition in commerce

Electronic Communications Privacy Act: Federal law extending restrictions on wire taps to include transmitted electronic data

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Alex Denne

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