Building an EndNote Library - clarify "fair use" in contract?

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  • Hello -

    I have a contract to create an EndNote library to be used by a small company. I am finding this company's contract a bit nebulous on terms related to copyright and "Use of the Product". The product is essentially a small digital library full of citations to articles and other assets that will each (of course) have their own individual copyrights to deal with.

    What is the proper way to say that I am not responsible if they should access the articles and then make use of them in a way that breaks copyright laws in the future? My product is a searchable database providing access to the information, not the individual articles themselves. I would be enormously grateful for any help in articulating that.

    Many thanks!
  • You might adapt the copyright notice that libraries put on photocopiers:

    NOTICE: The Copyright law of the United States (Title 17, U.S. Code) governs the making of photocopies or other reproductions of copyrighted material; the person using library photocopying or printing equipment is liable for any infringement.

    Or you could make it simple, like the notice we place on ILL copies:

    NOTICE: This material may be protected by copyright.

    You might say something like: Clicking on this link will lead you to material that may be protected by copyright. The person using this material is liable for any infringement.
  • Excellent! Thank you so much. I had a strong feeling it didn't have to involve anything over-the-top technical or lengthy, just a sort of little polite reminder. This does the job nicely. I really appreciate your assistance, Janet.

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