The terms outlined below and their definitions are based upon the types of terms which are likely to be encountered within the context of bibliographic records and in particular, contractual transactions relating to the use, supply and making available of these records.
Whilst the list is not exhaustive, it does provide a basic overview and guide of the most important and frequently encountered terms and can be used to help:
- provide definitions for terms used within the contexts of these web pages;
- provide a basis for defining terms which exist in current contracts;
- provide a basis for discussions when negotiating new contracts with third parties.
Means the textual and/or numerical data representing a single entity. This can be at several levels, typically known as Work, Expression, Manifestation, and Item.
Means any activities which result in financial benefit.
Means the legally binding agreement made between two or more authorised parties.
Means the exclusive property right given to the author (and any subsequent rights holders) of an original creative work for a certain limited time period. Exclusive rights include copying, issuing copies to the public, communicating copies to the public (e.g. over the Internet)).
Original tables of records may attract copyright protection (and database right) if they were created after 27 March 1996. Such databases are original only if, by reason of the selection or arrangement of the contents of the database the database constitutes the author's own intellectual creation.
Means the exclusive right given to an individual or organisation with regards to their substantial investment in obtaining, verifying or presenting the contents of a database. This is likely to include a database of bibliographic library records. The rights given are to prevent the extraction (taking out) and/or re-utilisation of the whole or a substantial part of the contents of the database including the bibliographic library records.
Means that the licensor may not grant to others the same rights as those granted under the terms of the licence.
Means certain copying activities built into the copyright legislation which facilitate copying for certain educational, cultural and public interest activities. These are defences, rather than rights and can still be challenged by rights holders if they believe these not to be fair and/or detrimental to their exclusive rights.
Means that one party will compensate the other against any losses, expenses, actions, liabilities etc that may be suffered if certain undertakings in the licence (warranties) are broken.
Means the name given to the rights which protect creations of the mind. They include patents, trade marks (whether registered or not), design rights, database rights, copyright and confidential information/trade secrets.
Means that the terms of the licence cannot be retracted by either party.
Means the right granted by the bibliographic record supplier to the licensee to enable the licensee to use the records.
Means the party to whom the rights have been granted by the licensor in the licence.
Means the party granting the rights in the licence.
Means any activities for which there is no financial benefit.
Means that the licensor may grant to others the same rights as those granted under the terms of the licence.
Means a licence which is granted without an end date.
Means the receipt of bibliographic records from a third party and their storage within the organisation.
Means the licensee is free to use the records in perpetuity without paying royalties.
Means, in the context of copyright and database rights, a large amount both in terms of qualitative and quantitative terms. In quantitative terms, this is normally 5% or more of a work protected by copyright, however based upon qualitative criteria, a much smaller amount may also be considered as substantial. For databases, substantial extraction can include repeated and systematic extraction of insubstantial amounts of the database.
Means the party who supplies bibliographic records and/or bibliographic information to a recipient. This includes publishers, aggregators, library suppliers, bibliographic utilities, libraries and end users.
Means the supply of bibliographic records, either singly or in bulk, from one party to another according to an established relationship and usually an on-going contract.
Means the supply or make available of bibliographic records from one party to another.
Means the use, for any purpose, of the bibliographic records within the organisation holding them.
Means the content created or contributed by end users and third parties.
Mean the reassurances that one party to the licence makes to the other that certain undertakings and obligations undertaken in the licence are true and will be met and that they have the authority to give these reassurances.
Means the granting of the rights for use of the bibliographic records world wide including on the internet.