RLI 279 8 June 2012 Research Library Issues: A QuarterlLy Report from ARL, CNI, and SPARC Model Deed of Gift, including Mixed IP Rights 7. No term or provision of this instrument shall be interpreted to limit or restrict the fair use rights of THE LIBRARY or users of the Materials as provided by U.S. Copyright Law, Title 17, U.S.C. (“Fair Use Rights). 8. To the extent that copyright may be shared with or owned by others and notwithstanding the Fair Use Rights and rights related to the Public Domain Materials, DONOR grants THE LIBRARY a non- exclusive, royalty free, perpetual license: a) To make copies of the Materials for purposes of preservation and creation of a usable archival copy and to permit others to make copies of the Materials consistent with the Fair Use Rights. b) To display and reproduce the Materials in exhibitions, catalogs, University publications or ad- vertisements both on and off campus. c) To digitize the Materials or use any technological substitute THE LIBRARY deems appropriate to preserve and provide access to the Materials. d) To use the Materials for The LIBRARY’s educational, research, and other non-commercial pur- poses. Such uses could include, but are not limited to, the reproduction, display, performance, and preparation of derivatives of the Materials. e) To provide the public access to, including Internet or other wireless or digital access, and unre- stricted use of Public Domain Materials. f) For Materials Transferred With Copyright, to make full-text or full version of the materials available to the public pursuant to a Creative Commons license of THE LIBRARY’s choosing. This means that at a minimum, the copyrighted work, if copied and distributed, must credit the author, but not in any way that suggests that the author endorses the use of the work. g) For Materials Transferred Without Copyright, to make full-text or full version of the Materials available to the public pursuant to a Creative Commons Attribution, Non-commercial license. This means that the Work may be copied and distributed for any non-commercial purpose, provided that the author is given credit for the original work (but not in any way that suggests that the author endorses the use of the work). See http://creativecommons.org/licenses/by- nc/3.0/. Commercial uses that exceed what is permitted under Fair Use will require the permis- sion of the DONOR. h) For Materials with 3rd Party Copyrights, to make the material available to the public to the ex- tent allowed by copyright law. 9. DONOR shall indemnify, defend and hold THE LIBRARY harmless from any losses, claims, damag- es, awards, penalties or injuries incurred, including reasonable attorney’s fees, which arise from any claim by any third party of an alleged infringement of copyright or any other property right arising out of the access and use of the Materials. 10. DONOR shall provide THE LIBRARY with all information and documentation regarding the prov- enance of the Materials, including any information relating to intellectual property rights. 11. The Materials will be organized by the THE LIBRARY and a bibliographic record and/or finding aid will be created to describe the content and arrangement. 12. The Materials will be physically stabilized and preserved by THE LIBRARY including, as appropri-
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