E-Resource License Agreements and Guidelines for Fair Use

Access to licensed/subscribed online resources (e-books, e-journals, online databases) are governed by the Terms of Use as per the license agreement between UPES and the respective publishers/Distributors/Aggregators. The online resources are licensed for the non-profit, educational use of the University. Copyright law in addition to individual license agreements also governs the use of these online resources. The licenses for electronic resources impose two types of restrictions on its usage, namely i) who can use these resources; and ii) how the resources can be used. The first restriction defines authorized users for e-resources, which generally includes students, faculty, staff and onsite visitors of the institution. The second restriction deals with how these resources can be used. It is the responsibility of individual users to ensure that eresources are used for personal, educational and research purposes only. Most of the agreements entered into by the Library and publishers specify items that users are prohibited to do. Some of them are as follows:

  • Systematic or programmatic downloading, retention, and printing are prohibited. For example, you cannot download entire issue of a journal or print out several copies of the same article.
  • Electronic distribution of content is also restricted although the specific restrictions vary from publisher to publisher. It may be permissible to forward an article to another colleague in your own institution by email, however, transmitting an article to someone outside of the institution, or to a large group of recipients, a mailing list, or an electronic bulletin board, is not allowed.
  • If you are teaching a class, you can print out a copy of an article from an electronic journal and include it in your course pack. However, do not make multiple copies for circulation. Copyright laws protect published material in any format so that it cannot be copied except in accordance with fair use. Providing access to material for educational purposes falls within the realm of fair use.
  • Please ensure that the resource is used for educational and research purposes and not for commercial purposes.
  • Providing electronic links on your course web pages to the Library's licensed resources is permitted but you cannot post the PDF of an article on your website. The publishers' main concern is that people outside of your campus network should not be able to access resources licensed by your institution. However, a researcher can post a pre-print of an article written by himself.
  • As with any kind of scholarly communication, a researcher can use phrases or quotes from other articles and cite the source of information. However, a researcher is prohibited from using large chunk of information (paras and chapters) from an article or from a chapter in a book.

What happens if the License is violated?
Publishers track the use of their electronic resources in terms of number of downloads made by subscribing institution. Misuse, if any, is notified to the subscribing resources with details of kinds of violations and institution is expected to take action. The publisher also suspends the access to e-resource pending suitable action by subscribing institution. The access is stopped not only for journals where licence agreement was violated but for all journals by the same publisher. Moreover, the access is suspended not only for the individual violator but for the entire institution.