September 4, 2003
To Whom It May Concern:
The following document is a permissions form written for the
EServer by our legal counsel, in order to ensure that we can publish
works to Internet readers without excessive fear of lawsuits. The
form basically assures that you hold copyright on the work you send
to us (or know it to be in the public domain), and that you give us
permission to distribute it to Internet readers. The permission is
nonexclusive, and revocable at any time.
The EServer has always (since its inception) promised not to charge
readers for access to the works we publish, and this contract ensures
we will never do so in the future. The EServer is maintained entirely
by a cooperative of volunteer members, who make works available
online because we feel that they contribute to our society. This form
just means we see the Internet as fertile ground for ‘test cases’ about
intellectual property law, and we’d very much like to avoid becoming
a test case found in law textbooks ourselves. :)
When submitting a work to the EServer for us to consider for
publication online, please print two copies of the enclosed form, fill
in the appropriate blanks, and sign and date both copies on the
bottom left side of page three. Before we make the text available
online, we’ll sign both copies as well, keep one copy for our records,
and mail one copy to you for your records.
Mail the form to:
The EServer
203 Ross Hall
Iowa State University
Ames, IA 50011-1201 USA
Thanks for your role in making our site the most popular arts and
humanities website in the world, and for contributing to the
community we all enjoy so much.
Sincerely,
Geoffrey Sauer
Director, EServer.org
The EServer organization is organized exclusively for charitable, educational,
religious or scientific purposes under the meaning of Section 501(c)(3) of the
Internal Revenue Code of 1986.
203 Ross Hall, ISU · Ames, IA 50011-1201 USA · phone (515) 441-1461 · fax (515) 294-6444 · webmaster@eserver.org
LICENSE AGREEMENT
This agreement entered into as of the _____ day of ____________, 20___, by
and between THE ESERVER ("Licensee"), having a place of business at 203
Ross Hall, Ames, IA 50011-1201, and
____________________________________________________ ("Licensor"),
having an address/place of business at
____________________________________________________. WHEREAS
Licensor is the owner of the copyright in certain audiovisual work(s) and/or
sound recording(s), including the copyright and all other rights in the underlying
work(s) embodied in said audiovisual work(s) and/or sound recording(s), entitled
____________________________________________________ ("the Work").
WHEREAS Licensee desires to publish, distribute, broadcast, reproduce,
transmit, perform and display ("Utilize") the Work over computer networks,
including, but not limited to, the Iowa State University campus network and the
Internet. Now, therefore, in consideration of good and valuable consideration, the
receipt of which is hereby acknowledged, and intending to be legally bound
hereby, the parties agree as follows:
1. Licensor grants to Licensee a non-exclusive, royalty-free, world-wide license
to Utilize the Work over computer networks, including, but not limited to, the
Iowa State University campus network and the Internet.
2. At the written request of Licensor, Licensee agrees to attach a valid copyright
notice to the Work, which notice shall appear on the computer screen prior to
or simultaneously with a user being able to access the Work. Such valid
copyright notice shall be in the following form as appropriate: (a) © Year of
first publication, Name of Licensor and/or (b) Year of first publication, Name
of Licensor. The copyright notice also shall include the phrase "All rights
reserved."
3. Licensor also grants Licensee the right to Utilize or permit others to Utilize,
for publicity purposes, such selections from the Work as in the opinion of
Licensee may benefit accessibility to users.
4. Licensor grants Licensee the right to make stylistic revisions to the Work if
deemed desirable or necessary by Licensee. Licensor retains the right to
prevent Licensee from Utilizing any such revision for the period after
Licensor makes a written objection to Licensee concerning the revision.
5. Licensee shall own the copyright to any hypertext design or similar design
now known or hereafter developed that is created by Licensee to accompany
the Work.
6. Licensor grants Licensee the right to use or license others to use the
Licensor's name(s), the Licensor's likeness(es), and the title of the Work (in
whole, in part, or as modified) for (a) use over computer networks, including,
but not limited to, the Iowa State University campus network and the
Internet, (b) hypertext collections that link to the Work, and (c) publicity
purposes under paragraph 3 of this Agreement.
7. Licensor retains ownership of any copyright in the Work and
(a) warrants that
(i) the Work is in the public domain, or
(ii) he or she is the sole owner of the copyright in the Work;
(b) warrants that
(i) all underlying works embodied in the Work are in the public domain;
or
(ii) he or she is the sole owner of the copyright in all underlying works
embodied in the Work;
(c) warrants that he or she is the sole owner of all rights being granted to
Licensee, and he or she has full power to enter into this agreement; and
(d) warrants that any recording of the event has been performed by Licensor
or by a person(s) who have waived any ownership rights in the
recording.
8. Licensor hereby agrees to defend, indemnify, and hold harmless Licensee, its
trustees, officers, employees, and agents from any claims or demands made
against them (and any related losses, expenses, or attorney's fees) arising out
of or relating to a violation or an alleged violation of any of the
aforementioned warranties or any infringement or alleged infringement of the
copyright of the Work and/or all underlying works embodied by the Work or
any part thereof. This provision shall survive termination of this agreement.
9. This agreement and the rights granted hereunder, except Licensor's
warranties under paragraph 7 and obligations under paragraph 8, are
revocable at any time by mutual consent, in writing, of the parties. Licensee
has sole discretion to include the Work on or remove the Work from any
computer network(s), including, but not limited to, the Iowa State University
campus network and the Internet.
10. Licensor and Licensee agree that this License Agreement and any disputes
relating to this License Agreement shall be governed by, and construed and
enforced in accordance with, the laws of the State of Iowa without regard to
conflict of laws principles. All suits brought under or to enforce this
agreement shall be heard in either the Iowa District Court of Story County,
Iowa or the United States District Court for the Southern District of Iowa;
Licensee hereby consents to the jurisdiction of the foregoing specified courts
and waives any objection he/she has as to lack of jurisdiction, lack of venue,
or inconvenience of forum.
Licensor and Licensee agree that the terms and conditions stated in this Licensee
Agreement constitute the complete and exclusive statement of the License
Agreement between Licensor and Licensee and supersede all prior oral and
written statements of any kind whatsoever made by either party or their
representative. Any waivers or amendments, to be effective, must be in writing
and signed by both parties.
The Copyright Holder:
The EServer’s Representative:
________________________________
(Licensor)
______________________________
(Name and Title)
________________________________
(date) ______________________________
(date)