Terms and Conditions for Subscribers and Users of MIT Press Journals
These Terms and Conditions apply to all subscribers to MIT Press journals, and all users of MIT Press journals, with the following exceptions:
- The provisions of Section I do not apply to universities or other institutions that have entered into written agreements with the MIT Press.
- In the event of any inconsistency between any provision in these Terms and Conditions and the specific terms of such a written agreement, the latter will control.
- For use of Open Access content, please see Section III below.
Subscription to, or use of, an MIT Press journal constitutes acceptance of these terms and conditions and creates an agreement between you and the MIT Press. References to “you” and “your” in these Terms and Conditions include the named subscriber (personal or institutional), such subscriber’s agents, owners, employees, and officers, and/or each individual journal user, as applicable. The terms “institution” and “institutional” include not only academic institutions but also corporations, government agencies, non-profit organizations, and other non-individual subscribers. “Individual,” when referring to a subscription, includes any non-institutional subscription whether identified as “individual,” “member,” student,” “retired,” or otherwise.
I. Subscription Terms and Conditions:
We value the subscribers to our journals and our relationships with our subscribers. Unfortunately, the MIT Press like many other journal publishers has occasionally been the victim of fraud, to its detriment and that of all honest subscribers.
An individual subscription must not be for the use of any institution. Without limitation, use by an institution includes systematic redistribution to fellow employees or other persons affiliated with any institution with which you are affiliated, or systematic placing in such entity’s library, intranet, or other central repository.
- Any institutional subscription must be for the sole use of the institution identified in the subscription order, and not for any other institution, unless the MIT Press otherwise expressly agrees in writing.
- Without limitation of the foregoing, it is a violation of these terms and conditions to do any of the following:
- Resell or otherwise transfer a subscription (for payment or not for payment) or the issues related thereto to anyone other than the named subscriber without prior notice to the MIT Press and written acceptance by the MIT Press of the transfer.
- Order a subscription at the individual rate when the real intended use is institutional. Institutional use includes, without limitation, systematic redistribution to your fellow employees, or systematic placing in your employer’s library, intranet, or other central repository.
- Allow anyone other than you to use your IP addresses, user names, passwords, or other access control mechanisms, to gain access to a journal to which you have subscribed.
- Distribute any discounted copies, such as discounted print copies, to any entity other than the subscriber in whose name they have been ordered.
- Claim a “missing” or “damaged” copy other than to replace a copy that failed to reach you or reached you in damaged condition.
- Any subscription taken out at the individual rate but not for the actual use of the named subscriber will be conclusively deemed to have been resold to an institution at the full institutional rate.
- Nothing in these Terms and Conditions is intended to prevent bona fide and ad hoc lending of particular issues of a journal. Rather, the intent is to prevent systematic substitution of an institution for the named subscriber.
- You agree that in the event the MIT Press in good faith determines that you have breached these Terms and Conditions, it may terminate or suspend the subscription(s) concerned, and apply the amount of any fee(s) attributable to remaining issues to its damages.
- You agree that any copies obtained in violation of Paragraph 3 are not subject to the “first sale” provisions of Section 109(a) of the U.S. Copyright Act, and that any violation of Paragraph 3 is an infringement of copyright for which you are liable as a direct or contributory infringer. You agree to pay statutory damages equal to three times the full price that each institution having improper access to the journal should have paid, and the price actually paid (the “price differential”). If for any reason a court should determine that such violation is not an infringement of copyright you agree that it is a violation of Chapter 93A of the Massachusetts General laws, and that the MIT Press is entitled to damages equal to three times the price differential.
- In any action brought to enforce this Agreement, you agree to pay all reasonable attorneys’ fees incurred by the MIT Press.
II. Permitted Uses:
This Section II applies to all individuals who use MIT Press journals. This includes not only individual subscribers but also all Authorized Users affiliated with any subscriber that is not an individual.
An “Authorized User” in the case of a company or government agency means any employee who has been provided password-protected access to an MIT Press journal. An “Authorized User” in the case of a university or similar institution means any employee, faculty member, staff member, or student (including distance learners) of the subscribing Institution, and other persons affiliated with the institution (e.g., alumni or retirees) who have general Internet access through the campus network or via a secure proxy server. Patrons of such an institution's library facilities who are not described above are Authorized Users only if physically present at such facilities and subject to the supervision of the institution.
An Authorized User may make the following uses of the Journals:
- Download individual articles from any Journal for personal use, and archive them on his/her own personal computer. The purpose of this is to enable research-driven, as-needed downloading. This means (among other things) that bulk downloading is expressly forbidden, as is serial or cumulative downloading that results in the user reproducing on his or her computer, in effect, all or any substantial subset of any issue of any Journal.
- Print out individual articles from any Journal for personal use. As above, bulk printing and serial printing that results in the user reproducing all or any substantial part of any Journal issue are not allowed.
- Make copies of journal articles available via Interlibrary Loan (ILL), in compliance with Section 108 of the Copyright Act and the CONTU guidelines.
- Make one copy of any Journal article by email, hard copy, or fax to one person at another location for that individual's personal use as above. This means (among other things) that bulk forwarding is expressly forbidden, as is serial or cumulative forwarding that results in a third person’s reproducing on his or her computer, in effect, all or any substantial subset of any issue of any Journal.
- Make traditional scholarly re-use of material within the bounds of fair use.
- Place copies of limited excerpts – not to exceed, except in unusual circumstances, a single article from any given Journal issue – in “e-reserves”, “e-course packs” or “Course Management Systems (CMS)” such as Blackboard for the use of students in a particular course on a password-protected basis, provided that any material placed in e-reserves, e-course packs, or CMS will be deleted at the conclusion of the course to which it relates. For the avoidance of doubt: material may be maintained in e-reserves, e-course packs, or CMS courses until the end of such course even if this license shall have terminated sooner.
All other uses are prohibited.
III. Open Access and Free Materials:
The MIT Press journals division has a long-standing commitment to open access content and makes hundreds of articles freely accessible on its website direct.mit.edu/journals. Articles included in MIT Press OA journals are rigorously reviewed and allow immediate access upon publication. MITPJ open access articles are normally published under a Creative Commons Attribution 4.0 International License https://creativecommons.org/licenses/by/4.0/ (CC BY 4.0) although some are published under a Creative Commons Attribution 3.0 International License (CC BY 3.0). Articles posted under either a CC BY 3.0 or 4.0 license allow users to share, copy, and redistribute the material in any medium of format, and adapt, remix, transform, and build upon the material for any purpose, even commercially. Reusing under a CC BY license requires that appropriate attribution to the source of the material must be included along with a link to the CC BY license, with any changes made to the original material indicated.
Articles marked as Free may be accessed online by any user of the MIT Press site, limited by the terms and conditions as outlined above under paragraphs I and II.
IV. Other Terms and Conditions:
The agreement created hereunder is deemed to be entered into and performed wholly in Massachusetts, and will be governed by the domestic laws of the Commonwealth of Massachusetts and the copyright and other applicable laws of the United States. No purported assignment by you of such agreement, or of your subscription agreement, will be valid unless permitted in writing in advance by the MIT Press.
No action or failure to act by the MIT Press will be deemed an amendment, or a waiver in any instance, of any of the foregoing unless specifically so identified by the MIT Press in writing. The agreement created by your use or subscription will be binding on you and your successors, your permitted assignees, and your heirs and personal representatives, and inures to the benefit of any successor or assignee of the MIT Press as a whole or with respect to its rights in any journal.