Statement on Intellectual Property Rights

Login to FADIS

 

Disclaimer

This document does not constitute legal advice. It was prepared to inform the campus community in general terms and to provide guidelines for FADIS administrators with respect to copyright and the copying of published materials for use by students and faculty for the express purposes of research, private study, criticism and review. If legal or expert assistance is required the services of a legal professional should be sought.

 

FADIS recognizes both the importance of respecting intellectual property rights and the significant needs of the educational community to have access to images of art works and other content for the purposes of research, private study, criticism and review. FADIS’ approach to intellectual property rights seeks to balance the interests of educational users, creators and other content providers. Several principles guide FADIS’ efforts to achieve this balance.

 

First, FADIS will limit both access to, and permitted uses of, the images and scholarly information on the FADIS. FADIS will not distribute high-resolution images on an open, unrestricted, Internet website. Instead, the only institutions that will have access to the database will be non-profit institutions. These institutions will be required to enter into memoranda of understanding with FADIS, and individual users will be subject to the terms and conditions of use, restricting uses of the images to those that are non-commercial and educational. Users must sign a Terms and Conditions of Use Agreement ensuring that they understand the rights and obligations they undertake in using this database. Commercial use of the images in the database is expressly prohibited.

 

Second, FADIS itself will not make commercial uses of its content. FADIS’ sole objective in creating and making available the database is to benefit education and scholarship. FADIS is a non-profit organization and not a commercial entity.

 

Third, FADIS will rely on a variety of approaches to obtain content, including fair dealing and other educational exceptions to copyright laws. Where licensing content, FADIS will seek from content providers a nonexclusive, worldwide, royalty free license to incorporate and make available content and related cataloging information for restricted educational, noncommercial uses. Should a right’s holder object to the use of an image for educational or scholarly purposes FADIS would do its best to address any concerns while also being prepared, in appropriate circumstances, to withdraw the image (for more information, see the Takedown Request Policy below).

 

In addition to taking steps to respect intellectual property rights, FADIS hopes that both users and content owners will derive significant benefits from the database.

 

Users will have ready access to a significant number of digital images of art objects and related scholarly information from numerous collections, many of which would otherwise be unavailable or difficult to access. In addition, FADIS may reduce redundant efforts across institutions of higher education to digitize art images for teaching, or to build technological infrastructure to support the display of such images. Finally, FADIS may be able to serve many non-commercial institutions – including colleges, museums, and schools – that have little or no access to slide libraries to or substantial art-book libraries. Increasing access of this kind is a significant goal of the FADIS initiative.

 

Similarly, FADIS believes that intellectual property creators and other content providers may well benefit significantly from FADIS. FADIS expects that its educational and scholarly mission will resonate with many rights’ holders. FADIS also hopes that many content providers and right’s holders will appreciate the increased visibility and recognition of their works. Moreover, rights holders may receive increased licensing fees should users of FADIS subsequently seek licenses from those rights holders to make uses of images beyond those permitted in FADIS.

 

Guidelines to Access

1. FADIS provides digital copies of audio-visual materials for specific purposes, identified in advance to a FADIS administrator.


2. The specific purposes are research, private study, review, and criticism. Any doubt concerning the legitimacy of the request for these purposes will be referred to a FADIS administrator.


3. The individual must identify him/herself and the purpose at the time of making the request. An Image Production Request Form will be completed by the requesting party.


 

4. As to the amount of copying, discretion must be used. No copies will be made for any purpose other than that/those specifically set out on the request form.

 

5. This service is provided on a not for profit basis.

 

Terms and Conditions of Use Agreement [this section would appear in a separate pop-up window/click-through license, which the user would have to ‘accept’ or ‘decline’ before exiting]

 

By accessing and/or using FADIS, you accept and agree to abide by the following Terms and Conditions of Use:

 

1.  Definitions

 

FADIS – the electronic database containing Content and software and other electronic tools that are designed to permit Authorized and Designated users to access and use Content in limited purposes set forth in the Terms and Conditions of Use.

 

Content – includes all images, cataloguing information and other texts, graphics, and all other materials incorporated into FADIS, including content selected by FADIS administrators and Local Content.  Content is the totality of the database and its individual component pieces.

 

Local Content – consists of digital images, cataloguing information and texts, and other materials that you, your institution, or another Authorized or Designated User selects from a source other than FADIS, and that is accessed along with FADIS content, through the Portfolio feature in FADIS.

 

Authorized Users – individuals who have a current official affiliation with your institution who have signed and agreed to access and use FADIS in accordance with the Terms and Conditions of Use Agreement.  This includes but not limited to, academics, students, artists, scholars, researchers, and curators.

 

Designated Users - individuals who have unofficial or no affiliation with your institution but who signed and agreed to access and use FADIS in accordance with the Terms and Conditions of Use Agreement.  This includes, but not limited to, academics, students, artists, scholars, researchers, and curators; and must be expressly granted access by the institution.

 

User – any Authorized or Designated User

 

Reproduce – reproduction of Content by Authorized and/or Designated Users must be for the purposes of research, private study, criticism, and/or review.

 

2.  Limited License

FADIS hereby grants the User a limited, non-exclusive license to access and use FADIS, and to access and use the Content, solely in accordance with these Terms and Conditions of Use and the Copyright laws of Canada.  The User may not sublicense, assign, or transfer the License, and any attempt at such sublicense, assignment, or transfer is void.

 

3.  Non-commercial Uses Only

FADIS AND ITS CONTENT MAY ONLY BE USED BY AUTHORIZED USERS AND DESIGNATED USERS FOR NON-COMMERCIAL RESEARCH, PRIVATE STUDY, CRITICISM OR REVIEW. 

COMMERCIAL USES OF THE FADIS DATABASE AND ITS CONTENT ARE STRICTLY PROHIBITED.

 

4.  Only Authorized Users and Designated Users May Access FADIS

The User may not sublicense or authorize access to FADIS (by sharing passwords or by other means) to anyone who is not an Authorized or Designated User.  For more information on Authorized and Designated Users, please contact:

 

Peggy Haist

Image Services Curator,

Department of Art,

University of Toronto,

Sidney Smith Hall, room 6031,

100 St. George St, Toronto, ON, M5S 3G3.

phone: 416 946-3961   

fax: 416 978-1491

email: peggy.haist@utoronto.ca

 

 

5.  Restricted Access to, and Distribution of, Content

The User may not distribute, make available, and/or attempt to make available, any of the Content in FADIS (whether alone or incorporated into other materials) to persons and/or entities other than:

(a)   your institution and/or other Authorized Users at your institution, or

(b)  limited numbers Designated Users when making available a work that incorporates Content for purposes of private study, research, criticism or review.

Content may not be incorporated into an unrestricted database or website, or made available to others (electronically or otherwise) except as permitted herein, whether that Content is alone or incorporated into other materials

 

6.  Permitted Uses

The User may access, use, and Reproduce the Content in FADIS, provided that the User abides by the restrictions in Section 5, for the following Permitted Uses only:

(a)   classroom review;

(b)  private study and research, criticism or review.

 

7.  Prohibited Uses

The User may not:

(a)   use FADIS, or use, display, reproduce, or distribute Content from FADIS for any commercial purpose whatsoever, including but not limited to fee-for-service use of FADIS, or make any use, display, reproduction, or distribution that exceeds or violates these Terms and Conditions of Use or the Copyright Laws of Canada;

(b)  distribute and/or make available Content in FADIS to persons other than as expressly permitted herein;

(c)   provide and/or authorize access to persons or entities other than Authorized Users or Designated Users;

(d)  download or print, or attempt to download or print, substantial portions of FADIS;

(e)   make any adaptation or modification of Content;

(f)   attempt to override, circumvent, or disable any encryption features or software protections employed in FADIS to engage in a prohibited use.

 

8.  Printing and Downloading Restrictions

Content from FADIS may be printed or downloaded only for those Permitted Uses set forth in Section 5, and the User may print or download only an amount of Content reasonably necessary for such purposes. 

 

Except as set forth in these Terms and Conditions of Use, the User may not download, export, or otherwise transfer Content from the restricted FADIS in any format or medium for any purpose.

 

9.  Local Content

When using Portfolio, the User agrees to access, display, reproduce, and use Local Content only in accordance with these Terms and Conditions of Use AND IN CONFORMITY WITH THE COPYRIGHT LAWS OF CANADA.  FADIS does not select such Local Content and under no circumstances shall FADIS be liable in any way for any such Local Content, including the access, use, display, reproduction, or distribution of such Local Content, or for any loss, claim, damage, or liability should such Local Content violate or infringe any third party rights (including without limitation any patent, trademark, trade secret, copyright or other proprietary rights) or any international, federal, provincial, or local law, statute, or regulation. 

 

The User may not, and may not authorize others to, access or use Portfolio to:

(a)   upload, post, use, display, or otherwise make available, or reproduce any Local Content that:

a.     violates or infringes any third party right (including without limitation any intellectual property or contractual rights) or that violates any international or domestic, federal, provincial or local law, statute or regulation;

b.     contains software viruses or any other malicious computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

c.     circumvents, disables, or overrides any encryption features or other protections in FADIS.

(b)  forge headers or otherwise manipulate identifiers in order to disguise the origin of any Local Content transmitted through Portfolio;

 

FADIS shall in no way be held liable for terminating your access to such Local Content or to FADIS.  Should you believe that Content (whether Local Content or Content selected in FADIS) violates your copyright you may make a request in accordance with the Takedown Request Policy (see below).

 

10. Copyright Notices

The User agrees not to modify, delete, or otherwise tamper any copyright notice or other attribution included in FADIS, or authorize others to do so.

 

11. Fair dealing, Educational and other Exceptions to Copyright Laws

Nothing in this Agreement should be construed or interpreted to limit those uses of content which are permitted under the fair dealing, educational exceptions or other provisions to the copyright or other intellectual property right laws. However, the user agrees that they are making such uses at their own risk.

You expressly acknowledge that FADIS shall not be liable in any way for all uses that you make of the content, whether or not you are relying on the exceptions under the Canadian Copyright Act or other intellectual property rights laws.

changes thereto.

 

Takedown Request Policy

In making a takedown request, please provide the following information
(a) physical or electronic signature of a person authorized to act on behalf of the copyright owner

(b) identification of the copyrighted works(s) claimed to have been infringed

(c) identification of the infringing material and information that will permit FADIS to locate the material

(d) information that will permit FADIS to contact you (the User), including an address, telephone number and if available, an electronic mail address at which you may be contacted

(e) a statement by you that, in your good faith belief, use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law and

(f) a statement that the information in the notification is accurate, and that you are authorized to act on behalf of ht owner of an exclusive right that is allegedly infringed

 

Please address all takedown requests to:

 

Peggy Haist

Image Services Curator,

Department of Art,

University of Toronto,

Sidney Smith Hall, room 6031,

100 St. George St, Toronto, ON, M5S 3G3.

phone: 416 946-3961   

fax: 416 978-1491

email: peggy.haist@utoronto.ca