Library:CIRcle License Version History

From UBC Wiki

This page outlines changes to the cIRcle Non-Exclusive Distribution License (cIRcle License) since its inception in 2008, and provides additional information about the use of UBC’s Retrospective Theses and Dissertations. This license permits cIRcle to make available and preserve the scholarly, teaching, and research outputs of the UBC community and its partners. The cIRcle License text was originally drafted and is updated by the Office of University Counsel (OUC) at the University of British Columbia. The following record of version changes was created and is maintained by the cIRcle Office. Please note that cIRcle does not provide legal advice. For questions about copyright in general, please visit the copyright.ubc.ca

Organization of Entries

Starting with the current cIRcle License Version 3.0, published in November 2021, and ending with the original License Version 0.7 released in January 2008, this page serves to document the updates to the cIRcle License over time. Where applicable, references to enhancements or changes to the web forms used to collect cIRcle License permissions for mediated deposit are included. More information about the cIRcle License and adding your work to the repository can be found on the circle.ubc.ca website.

License Versioning History

The table below lists the cIRcle Non-Exclusive Distribution License versions, their release dates, and links to an explanation of their changes. A Summary of Key Changes is provided below to highlight particular updates and their significance. Detailed notes on changes including excerpted text are listed with each version change.

cIRcle License Version Release Date Explanation of Changes from Previous Versions Public Release Announcements
Version 3.0 November 16, 2021 Version 2.2 to 3.0 Announcing the new cIRcle License 3.0!
Version 2.2 December 6, 2016 Version 2.1 to 2.2
Version 2.1 April 10, 2015 Version 2.0 to 2.1
Version 2.0 March 7, 2014 Version 1.1 to 2.0 New cIRcle License Version 2.0 arrives on March 7, 2014
Version 1.1 April 14, 2011 Version 1.0 to 1.1
Version 1.0 June 16, 2008 Version 0.7 to 1.0
Version 0.7 January 23, 2008 N/A

Summary of Key Changes

  • Version 3.0 : The addition of Section 4: Consent to use of personal information included record and capture of image and voice, making it possible for content providers to use the cIRcle License for audiovisual materials destined for cIRcle rather than collect and store separate Consent to Use of Image permissions and cIRcle Licenses.
  • Version 2.2 : In this version, Section 5: Terms of Access by the Public expanded to allow content providers to modify the default Creative Commons License that accompanies cIRcle content to permit commercial use and/or derivatives. Changes to the format of the License included the removal of the separate check boxes under Representations and Warranties reverting back to a numbered list for ease of use. With this version, the Item Submission form was introduced to allow content providers to simultaneously complete the cIRcle License and upload files for the cIRcle Office to deposit to the repository on their behalf.
  • Version 2.1 : Language added to Section 3: Grant of License included permission for Library and Archives Canada (LAC) harvesting for theses and dissertations. From this point, students depositing theses and dissertations to cIRcle did not have to sign a separate license for LAC.
  • Version 2.0 : Significant changes to the format and language of the cIRcle License accompanied Version 2.0. In this version, a summary is added, each section includes a section header, and checkboxes are added to the Representations and Warranties section to encourage content providers to read with care each statement to facilitate comprehension before proceeding to the Final Agreement of the License. The most crucial change to this version is the introduction of Section 5: Terms of Access by the Public signaling the addition of a default Creative Commons license (Attribution-NonCommercial-NoDerivatives CC-BY-NC-ND) to better promote and facilitate sharing and re-use of materials in cIRcle.
  • Version 1.1 : An appended statement to Section 7 and a minor addition to Section 9 clarify that it is the submitter's responsibility, rather than the cIRcle Office's, to uphold copyright conditions of any materials added to the repository.
  • Version 1.0 : Clarifying language was added to multiple sections noting that copyright holders completing cIRcle Licenses should notify co-authors of the terms signed on their behalf, and that deposit to cIRcle is voluntary and not a condition of employment.

Version 2.2 to 3.0

  • Version 3.0 effective as of November 16, 2021.
  • Notes on Version 3.0:
    • New section added: Section 4: Consent to use of personal information. This addition incorporates terms from the UBC Consent to Use of Image or Recording form to simplify acquiring permissions for audiovisual materials destined for cIRcle (see excerpt below).
    • With the addition of Section 4, subsequent sections in the license shift up a number. As a result, two references to Section 5 in the previous license now refer to Section 6. These references appear in Section 3b and Section 7.
  • Newly added language for Version 3.0 is included below in bold for emphasis:
    • Section 4 Consent to use of personal information: "If your Submission includes video recordings or still photographs of your image or sound recordings made of your voice, you acknowledge and agree that such personal information, and any other personal information provided by you to UBC in connection with your Submission, is being collected pursuant to Section 26 of the Freedom of Information & Protection of Privacy Act, R.S.B.C. 1996, c. 165. You consent to UBC’s use of such information in accordance with the licence granted to UBC under, and for the purposes set out in, Section 3, and agree to release UBC, its Board of Governors, faculty, staff, students, officers, employees, and agents, from any and all claims, demands, damages, and proceedings arising from or relating to UBC’s use of the Submission in accordance with Section 3."

Version 2.1 to 2.2

  • Version 2.2 effective as of December 6, 2016.
  • Notes on Version 2.2:
    • Newly added language for Version 2.2 clarified options for including Creative Commons licensing conditions. See the excerpt below in bold:
      • Section 5 Terms of Access by the Public: "To assign different license terms, please select one option for each question below. If you do not complete this section, the default terms described in this section will be applied. Learn more about the Creative Commons licenses."
      • Section 6 Attribution: "UBC will attribute the Submission as you have indicated in Section 1 or as you may notify UBC from time to time, and not alter the Submission except as allowed by this License or with your prior permission. Note, all terms of access described in Section 5, above, require visitors to cIRcle to credit the authors of the original creation.”
  • Item Submission Form:
    • A new submission form is launched concurrently to facilitate mediated deposit for content providers and the cIRcle Office. This webform, built using UBC Library's WordPress instance, combined elements of the Content Proposal Form and the pre-existing cIRcle License web form. With the Item Submission Form, a content provider is able to upload files and complete the cIRcle License in one step.
    • The webform used for the Item Submission Form and cIRcle License was modified to ensure the license version number and complete text of the cIRcle License was captured in the email notification sent to the copyright holder. This ensured the individual who completed the form had a record of permissions and conditions they had agreed to at the time of deposit.
    • Whereas Version 2.1 separated the Submission Information table (Section 1) into five fillable fields, in Version 2.2 they are collapsed into the three following attributes:
      • Name
      • Description of the work(s); Citations; Pre/Post-print status; Embargo period(s); Copyright owner(s)
      • UBC or non-UBC Affiliations
    • A note is added to the bottom of Section 1 indicating that Submitters can attach a separate sheet to the webform containing citations or titles of the all the materials to which the license form applies. This facilitated deposit for large projects and bibliographies.
    • Check boxes in Section 2 : Representations and Warranties revert back to a numbered list.
    • In Section 5 : Terms of Access by the Public check boxes with Creative Commons licensing options and explanations are listed.
      • These webform enhancements mirror the user experience of the DSpace click-through license in the deposit workflow where Submitters use radio buttons to select the terms of their preferred Creative Commons license.

Version 2.0 to 2.1

  • Version 2.1 effective as of April 10, 2015.
  • Notes on Version 2.1:
  • Newly added language for Version 2.1 is in highlighted bold for emphasis:
    • Section 3: Grant of License: "If you are submitting a graduate thesis or dissertation, your grant of rights described above is irrevocable and includes, for greater certainty, UBC authorizing Library and Archives Canada to copy, display, publish, communicate, archive, convert into any format, and make your thesis or dissertation available to the public online or in paper form, all for non-commercial purposes."

Version 1.1 to 2.0

  • Version 2.0 effective as of March 7, 2014.
  • Notes on Version 2.0:
    • Headers are added to all sections of the form.
    • A summary box is added to the start of the document.
      • This summary describes cIRcle's purpose, the rights offered by the License, and a reminder to read over the License terms carefully.
    • Many of the numbered items throughout Version 1.1 are subsumed into Section 2: Representations and Warranties of Version 2.0 as a series of eight check boxes.
    • The following acknowledgements clarifying the role of cIRcle staff and Submitter Responsibilities are also added to Section 2:
      • "You acknowledge that cIRcle staff have not and will not independently review the Submission and that UBC is relying upon the representations and warranties you have made above. If, at any time hereafter, you learn that any of the foregoing statements are inaccurate, you must contact cIRcle immediately."
    • Section 3: Grant of License includes and clarifies language previously listed in Section 1 of Version 1.1. See the comparison between the two sections in each version below:
      • Section 1 in Version 1.1: "By signing and submitting this license, you hereby grant to The University of British Columbia (“UBC”) the non-exclusive royalty-free right to include in the Institutional Repository at UBC (“cIRcle”) the material identified below (the “Submission”), including the descriptive information, metadata and abstract and to reproduce, translate (as described below) and distribute the Submission in any format and in any medium."
      • Section 3 in Version 2.0: "In consideration of UBC preserving your Submission in perpetuity in cIRcle, you hereby grant to UBC the non-exclusive, world-wide, perpetual, and royalty-free right to use, reproduce, display, convert, sublicense and distribute, in any format and any medium, your Submission, for the following purposes:
        • a. uploading and storing your Submission;
        • b. publishing the Submission electronically Internet via cIRcle, which means making your Submission available to the public by telecommunication so that they may view and download your Submission, subject to the public access terms described in Section 5;
        • c. converting your Submission to any medium or format for the purposes of security, back-up, preservation and use of the Submission in accordance with this License; and
        • d. authorizing third-parties to perform any of UBC's rights described in this Section, on UBC's behalf.
        • If you are submitting a graduate thesis or dissertation, your grant of rights described above is irrevocable."
    • Section 4: Publication of your Submission contains clarified language on publication of the submission and copyright permissions.[What is the language?]
    • Section 5: Terms of Access by the Public introduces a key component of promoting and facilitating use of materials in cIRcle via the introduction of a default Creative Commons Attribution-NonCommercialNoDerivs (CC-BY-NC-ND ) license (aka re-use rights) for all materials added to cIRcle under the terms of the cIRcle Non-exclusive Distribution License. See the excerpted texts below:
      • "UBC will make a digital copy of your Submission available in cIRcle for the public to view and copy for noncommercial purposes only, without prior permission or charge, provided that your Submission is not altered in any way and is properly acknowledged, including citing the author(s), title and full bibliographic details. (Note: this corresponds to the Attribution-NonCommercialNoDerivs, or CC BY-NC-ND Creative Commons license) UBC may, in its discretion, make your Submission available pursuant to a Creative Commons license (or other licencing platform), on similar terms. If you wish to assign different license terms to your Submission (for example, a different Creative Commons license), you must inform cIRcle as part of the submission process to cIRcle, and the terms of that license shall apply to your Submission. Public access to your Submission may be withheld for an agreed upon period of time: see the cIRcle Digital Repository Policies for applicable policies and processes."
      • Section 6: Attribution clarifies the conditions for attribution.
    • Section 7: cIRcle Digital Repository Policies and Section 8 Release and Indemnification in Version 2.0 add more language covering release and indemnification than Sections 8 and 9 in Version 1.1.
    • The Submission Information table is moved to from the end of the form to Section 1: Your Submission.
      • Date is a new field within this table.
    • Changes to the text of the Final Agreement are in bold: "I have read, understand and agree to the terms set out in this License. This License may be delivered and/or stored by electronic means, and such electronic copy delivered to and stored by UBC will be deemed to be the official record of this License."
    • The phrase in the final check box is changed from "I Grant the License" to "I Agree"

Version 1.0 to 1.1

  • Version 1.1 effective as of April 14, 2011.
  • Notes on Version 1.1:
    • Contains amended versions of Sections 7 and 9
  • Newly added language for Version 1.1 is in bold:
    • Section 7: “UBC may remove access to the Submission from cIRcle if it is found to violate any copyright, trade-mark, patent or other rights whatsoever of any person, or in accordance with cIRcle withdrawal policies. The bibliographic reference to the Submission will be retained in cIRcle, but the Submission will no longer be publicly accessible. Notwithstanding the above, you acknowledge that UBC has not independently assessed intellectual property rights with respect to the Submission and is relying upon your representations in this License.”
    • Section 9: “You understand and acknowledge that your participation in cIRcle is voluntary and not required as a part of your employment or other relationship with UBC.”
  • cIRcle launches the webform version of the cIRcle License creating significant gains in license management and deposit workflows. With the implementation of the webform, copies of completed Licenses are automatically sent to the cIRcle general office email and to the person completing the form. The introduction of the webform eliminates the practice of having content providers copy/paste cIRcle License terms into an email and forwarding them to individual members of the cIRcle Office. Signed PDF licenses, scanned copies, and hard copies of print licenses continue to be accepted though the introduction of the web form greatly reduced their number. The webform includes some specific instructions for completing the form online that is not replicated in the print license:
    • Text preceding the License on the license web form instructs the content provider to read and agree to all terms by using the checkboxes and to select "I Agree" at the end of the form to grant the Distribution License as a whole.
    • If a content provider does not check one or more boxes, an error message appears prompting them to complete the required fields.

Version 0.7 to 1.0

  • Version 1.0 effective as of June 16, 2008.
  • Newly added language for Version 1.0 is in bold:
    • Section 4: “If any of the following statements of fact are not accurate as applied to you and the Submission, you must contact cIRcle before proceeding further. You represent and confirm that…”
    • Section 4a: “You have the right and authority to grant the rights set out in this license. If there is more than one author, all co-authors have approved the Submission and have read and agreed to the terms of this agreement;”
    • Section 5: “you represent and confirm that you have fulfilled any right of review or other obligations required by the contract or agreement with such sponsor”
    • Section 9: “You understand and acknowledge that your participation in cIRcle is voluntary and not required as a part of your employment or other relationship with UBC.”
  • Note on previous versions: cIRcle formally launched in 2008 although electronic theses and dissertations were being deposited by students as early as December 2007. These were deposited under terms and conditions specifically applied to theses agreed to during the submission process and recorded as a file in the submission. The cIRcle Non-exclusive Distribution License, as it is presently known, underwent several internal revisions before the release of Version 1.0 when non-thesis content for cIRcle was actively recruited from among UBC faculty, staff, and students.

Retrospective Theses and Dissertations

UBC theses and dissertations published prior to 2008 are available as physical items in the Library’s catalogue. Many of these items were digitized and made openly available via cIRcle from 2008-2012, with the goal of promoting open and comprehensive access to UBC’s theses/dissertations in support of research purposes and private study only. Given a cIRcle License was not completed by the authors, these items have specific usage permissions, indicated by an Open Collections License pop-up (“This item is to be used for non-commercial purposes only, such as research, private study and education. Additional conditions apply, see Terms of Use.”) and corresponding Rights metadata.  More information can be found on the UBC Theses and Dissertations collection page.

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