Answered By: Deborah Kelley-Milburn
Last Updated: Jul 15, 2015     Views: 368

This phrase is indicative of a general prohibition that most publishers have against multiple copies of individual works being reproduced or distributed to members of the Harvard community or other users or to course websites for example. Our actual licenses would qualify this prohibition, usually with a phrase like "other than as specifically permitted in this agreement" and we would list specific use permissions such as downloading or printing reasonable amounts of licensed materials, using reasonable amounts in the preparation of course packs or in connection with specific courses of instruction offered by Harvard or providing electronic links to the licensed materials from Harvard web pages. We can't qualify this general notice by reference to any specific agreement because we have many agreements all with slight variations in the specific language used.

Your second question on the use of a script to download every article released in a journal over a year is definitely a use that would be prohibited by all publishers/vendors with whom we license content. Generally, publishers do not allow for the use of robots, spiders, crawlers or other automated programs and they usually would and have shut down access for all of Harvard when they detect any kind of such use. They would also see the downloading of complete volumes as a violation of their use permissions and again they would generally notify us and/or shut access off if they detect this kind of use. We always try to specify in our licenses all use that is consistent with the Fair Use provisions of the United States and international law and even if it is not in a license, Fair Use still applies. However, in my experience most publishers would not see the downloading of complete volumes as Fair use.

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