Draft JORUM Depositor Licence By Emanuella Giavarra LLM Chambers of Prof. Mark Watson-Gandy Amsterdam and London

What is JORUM? JORUM is a digital repository service for learning materials produced inter alia by participants in projects funded by the JISC 5/99 Learning and Teaching Programme and X4L Strand A projects. Project partners: –University of Edinburgh –University of Manchester UoE will be the Licensee for the JORUM licence and will obtain the right to sub-licence access and use of the JORUM repository with any FE/HE institution within the UK.

Is there a need for a depositor licence? Yes, because: the deposited works are protected by copyright law. uses beyond the permitted uses provided for in the CDPA 1988 are envisaged. access will be provided to authorised users that have no contractual relationship with the UoE.

Draft JORUM depositor licence Point of reference for the first draft of the JORUM licence has been the CHCC collection and the CHCC contributors licence. Problems identified –The CHCC licence is limited to the incorporation of the Licensed Work in the CHCC collection and not in another database. –Is the CHCC collection a collection in a legal sense? Is it a database that can be deposited as a whole and by whom? Who owns the database rights? –Are there formal agreements with copyright owners of learning materials created for any of the other projects?

The Parties Recitals Definitions Licence Grant Permitted Uses Usage Restrictions Term and Termination Delivery and Access Licence Fee Licensees (Library) Undertakings Warranties, Undertakings, Indemnities Force Majeure Governing law/Dispute Settlement Schedules Signatures Licence Framework

Provisions in the JORUM licence Definitions: –Authorised Users: staff and students of FE/HE institutions in the UK, access from any place at any time –Commercial Use: means the use of the whole and part(s) of the LW for any reason which generates a profit –Educational Purposes: means for the purpose of education, teaching, distance learning, private study and research Licence grant: –non-exclusive, royalty free, perpetual Permitted Uses ( for Educational Purposes only): –make necessary editorial changes/consultation on major alterations –incorporate whole or part(s) of the LW into joint publications or divide into two or more publications

Provisions in the JORUM licence Permitted Uses –mount the LW on a Secure Network –incorporate the LW in the JORUM Repository however constituted –communicate, make available, distribute the LW in a variety of formats and media –make copies of the LW as are technically necessary to ensure efficient use by AUs –archive the LW

Provisions in the JORUM licence Permitted Uses –Grant sub-licences to AUs permitting the following uses: access the LW in order to search, retrieve, display and download electronically save the whole or part(s) of the LW print out single copies of the whole or part(s) of the LW make Adaptations of any parts of the LW incorporate the whole or part(s) of the LW in VLEs, printed and electronic course and study packs or multi-media works in the course of instruction, each item shall carry an acknowledgement, course packs in and study packs in e.g Braille may also be compiled incorporate the whole or any part(s) of the LW in printed an electronic form in assignments, portfolios, each item shall carry an acknowledgement

Provisions in the JORUM licence Permitted Uses by Authorised Users display, download, print part(s) of the LW for the purpose of promotion publicly perform as part of a professional presentation at seminars, etc. Protection of statutory rights clause –Nothing in this Agreement shall constitute a waiver of any statutory right available and held by the Licensee from time to time under the CDPA 1988 or any amending legislation.

Provisions in the JORUM licence Usage Restrictions –sell and re-sell –remove or modify copyright notices, disclaimers, etc without prior written permission of the Depositor –use all or any part of the LW for any Commercial Use Responsibility of the Depositor –create metadata in such a form as determined by the Licensee Responsibility of the Licensee –acknowledge authorship –quality check after it has been incorporated –promote and publicise the LW to AUs –not be under any obligation to archive or to continue to make the LW available.

Provisions in the JORUM licence Licence Fee –royalty free Term and Termination –in perpetuity –termination only on a material breach –upon termination copies of whole and part(s) of LW may be retained and used in accordance with the licence Acknowledgement of IPR –IPR in additional material added by the Licensee shall belong to the Licensee –any database rights in the JORUM Repository mounted on the Licensees server or any other designated server shall be the property of the Licensee

Provisions in the JORUM licence Warranties and Indemnities –Depositor warrants ownership or obtained all necessary licences –Depositor indemnifies Licensee and AUs against third part claims Licensees Undertaking –Licensee only liable for end user behaviour if it caused, knowingly assisted or condoned the continuation of a breach Governing Law/Dispute Resolution –English law and English courts –Expert determination