Policy for Use and Transfer of WorldCat® Records
The Guidelines for the Use and Transfer of OCLC-Derived Records have been updated to become the Policy for Use and Transfer of WorldCat Records.
The policy is scheduled to become effective mid-February 2009, to give
OCLC member libraries and other organizations time to implement any
changes resulting from the update. Until that time, the Guidelines will remain in effect.
Policy for Use and Transfer of WorldCat® Records
A. Intent of the Policy
OCLC® encourages and supports the
widespread, non-commercial use of WorldCat Records (as defined below)
for scholarship and research in furtherance of innovation that
complements OCLC's products and services for the benefit of libraries,
museums, archives and other cultural heritage institutions and their
respective patrons by
- promoting the evolution of
libraries, archives, museums and other cultural heritage institutions,
the use of their collections and the advancement of their professions;
- increasing availability of
library, archive, museum and other cultural heritage institution
resources to individual users; and/or
- furthering ease of access to and use of world-wide scientific, literary and educational knowledge and information.
This “Policy for Use and Transfer of WorldCat® Records” is designed
to foster such use while protecting the rights of OCLC’s membership and
its investment in WorldCat, and ensuring that the use of WorldCat
Records hereunder provides a benefit to the OCLC membership. Benefit to
the OCLC membership may take the form of reciprocal linking, metadata,
remuneration, services-in-kind or other negotiated value. This Policy
governs all Use and Transfer of WorldCat Records unless a separate
written agreement is made with OCLC. Please read the entire Policy and
the documents incorporated herein by reference to ensure full
understanding of the Policy.
This Policy covers WorldCat Records as defined below. This Policy
may also govern the Use and Transfer of WorldCat bibliographic data
available through other services to the extent determined by OCLC.
Please check the FAQ regularly for the applicability of this Policy to
- “Policy” means this “Policy for Use and Transfer of WorldCat Records”, as modified by OCLC from time to time.
- “WorldCat” is the OCLC online union catalog, an electronic database of bibliographic records and other information maintained by OCLC;
- A “WorldCat Record” is a bibliographic record meeting one or more of the following criteria unless otherwise specified by this Policy:
- a bibliographic record obtained directly from WorldCat through the use of an OCLC product or service; or
- a bibliographic record (i)
identified as Derived from WorldCat by the party from which the
WorldCat Record is received; or (ii) which is otherwise known by the
recipient to have been Derived from WorldCat at any time prior to
receipt. Please see the FAQ for information on fields, subfields and
other factors that can indicate whether a bibliographic record has been
Derived from WorldCat.
The Use and Transfer of data extracted from a WorldCat Record is
subject to this Policy whether or not the extracted data itself meets
one or more of the criteria described in this Section B.3 and shall be
included within the term “WorldCat Record”.
An OCLC Member or Non-OCLC Member may Use or Transfer the following
without complying with this Policy: (i) a WorldCat Record designated in
WorldCat as the Original Cataloging of the OCLC Member or Non-OCLC
Member; or (ii) a bibliographic record which is not Derived from
WorldCat whether or not the OCLC Member or Non-OCLC Member adds the
OCLC control number to the record.
- A bibliographic record in WorldCat is designated as the "Original Cataloging" of the agency represented in the OCLC MARC 040 field, subfield a (original cataloging agency).
- The “FAQ”
is the Frequently Asked Questions document providing more information
regarding this Policy, as updated by OCLC from time to time, which is
- An “OCLC Member” is an organization that is listed on OCLC’s membership roster as a Governing Member or Member of OCLC.
- A “Non-OCLC Member” is any party (including an individual) who is not an OCLC Member.
- A bibliographic record is “Derived” from WorldCat if it was copied or otherwise obtained from WorldCat at any time prior to receipt.
- “Use” means use in accordance with the
requirements and intent of this Policy without making a Transfer to
another person or organization.
- “Non-Commercial Use” means Use for the purposes of research, teaching, scholarship or private study provided such use is not Commercial Use.
- “Commercial Use” means Use in any manner that
supports, is intended for or directed toward or results in commercial
advantage or monetary compensation, including, without limitation, any
sale of WorldCat Records.
- “Reasonable Use” means Use of WorldCat Records
that is reasonable for the intended Non-Commercial Use and consistent
with the intent of this Policy. Without limiting the foregoing, the
term “Reasonable Use” does not include any Use of WorldCat Records
- discourages the contribution
of bibliographic and holdings data to WorldCat, thus damaging OCLC
Members’ investment in WorldCat, and/or
- substantially replicates the
function, purpose, and/or size of WorldCat, for example for the purpose
of providing cataloging services to libraries or other organizations.
Please see the FAQ for a discussion of Z39.50 for cataloging using
WorldCat-derived bibliographic records.
- “Transfer” means conveyance to another OCLC Member
or Non-OCLC Member by exchange, merger, sharing, gift, providing the
capability to download or otherwise electronically copy or any other
- “Commercial Transfer” means Transfer of WorldCat Records for Commercial Use by the recipient.
- “Holdings” means OCLC institution symbols attached
to a record, indicating libraries that own, license or otherwise
provide access to the item described by the record. An OCLC institution
symbol is a unique identifier assigned by OCLC to Members.
- “WorldCat Record Use Form”
means the form prescribed by OCLC for purposes of contacting OCLC with
proposals for Use and/or Transfer of WorldCat Records which are not
authorized by this Policy. The WorldCat Record Use Form is located at:
C. Use of WorldCat Records
- Each OCLC Member and Non-OCLC Member may Use WorldCat Records in accordance with this Policy.
- Subject to the restrictions set forth in this Policy, OCLC Members
and Non-OCLC Members are granted the non-exclusive, world-wide,
royalty-free right to:
for Non-Commercial Use.
- reproduce WorldCat Records, incorporate WorldCat Records into works and base works on WorldCat Records; and
- display WorldCat Records, works incorporating WorldCat Records and works based on WorldCat Records;
- The following restrictions apply to Use of WorldCat Records:
- Reasonable Use. Use
of WorldCat Records authorized by this Policy is limited to Reasonable
Use except as otherwise authorized by written agreement with OCLC.
- Commercial Use Prohibited.
Commercial Use of WorldCat Records is prohibited unless OCLC has
entered into a separate written agreement with the party wishing to
make such Use. [OCLC has a standard agreement available which
authorizes the processing (for a fee) of WorldCat Records received from
OCLC Members and Non-OCLC Members.] The WorldCat Record Use Form should
be used to initiate discussions with OCLC regarding an agreement
authorizing Commercial Use of WorldCat Records. OCLC may refuse to
authorize Commercial Use of WorldCat Records, without liability, in its
D. Transfer of WorldCat Records
- Subject to the restrictions
set forth in this Policy, an OCLC Member may Transfer WorldCat Records
of its own Holdings to other OCLC Members and Non-OCLC Members for Use
in accordance with this Policy.
- A Non-OCLC Member may
Transfer WorldCat Records of its own Holdings to OCLC Members and
Non-OCLC Members under separate agreement with OCLC. The Non-OCLC
Member wishing to make such a Transfer must submit a WorldCat Record
Use Form to OCLC for approval of the proposed Transfer. OCLC’s approval
of the Transfer described in the WorldCat Record Use Form: (i) must be
in writing; (ii) may be conditioned upon agreement to additional terms
and conditions determined by OCLC; and (iii) may be withheld by OCLC,
without liability, within its sole discretion.
- The following restrictions apply to Transfer of WorldCat Records:
WorldCat and OCLC Online Computer Library Center, Inc. must be clearly
identified as the source of WorldCat Records Transferred. Please see
the FAQ for information about appropriate attribution of WorldCat and
- Modification Restriction.
The OCLC number (if any), the link to this Policy and any additional
means of attribution (besides the link to this Policy) may not be
removed from any WorldCat Record.
- Commercial Transfer Prohibited.
Commercial Transfer of WorldCat Records is prohibited unless OCLC has
entered into a separate written agreement with the party that will
receive the WorldCat Records. The WorldCat Record Use Form should be
used to initiate discussions with OCLC regarding an agreement
authorizing Commercial Transfer of WorldCat Records. OCLC may refuse to
authorize Commercial Transfer of WorldCat Records, without liability,
in its sole discretion.
- Copy of Policy. If
an OCLC Member Transfers WorldCat Records of its own Holdings under
Section D.1.a above, the OCLC Member will provide the party receiving
the WorldCat Records with a copy of this Policy (or a link by which
this Policy may be accessed) and indicate that Use and Transfer of
WorldCat Records is permitted only in accordance with the Policy.
- The Transfer of WorldCat Records by an OCLC Member or Non-OCLC
Member which do not represent its own Holdings requires submission of a
WorldCat Record Use Form to OCLC for approval of the proposed Transfer.
OCLC’s approval of the Transfer described in the WorldCat Record Use
Form: (i) must be in writing; (ii) may be conditioned upon agreement to
additional terms and conditions determined by OCLC; and (iii) may be
withheld by OCLC, without liability, within its sole discretion.
- WorldCat Records, a work incorporating WorldCat Records or a work
based on WorldCat Records which are Transferred may be Used by the
recipient only under the terms of this Policy. Additional or different
terms may not be imposed. Any link to this Policy in a WorldCat Record
that is Transferred may not be removed, hidden, deactivated or obscured.
E. Additional Provisions
- The rights to Use and Transfer WorldCat Records afforded by this
Policy shall automatically terminate upon any breach of the terms of
this Policy. The OCLC Member(s) and/or Non-OCLC Member(s) involved in
any breach of this Policy shall provide such assistance as is
reasonably requested by OCLC to remedy the breach.
- WORLDCAT RECORDS ARE PROVIDED AND/OR MADE AVAILABLE “AS IS”.
NEITHER THE ORIGINAL CATALOGING LIBRARY NOR OCLC WARRANTS THE
COMPLETENESS OF WORLDCAT RECORDS.
- Neither this Policy nor the transactions contemplated herein serve
to transfer any ownership right or interest in or to WorldCat or
WorldCat Records, including, without limitation, the intellectual
property rights therein.
- When an organization makes bibliographic information available to
OCLC which is subject to Use or Transfer restrictions which are
different than those set forth in this Policy, and OCLC nevertheless
elects to accept the information for addition to WorldCat, OCLC will
inform OCLC Members and Non-OCLC Members of the restrictions, and the
rights to Use and Transfer such information will be subject to such
- Regardless of the source from which WorldCat Records are received,
Use and Transfer of WorldCat Records is authorized solely by OCLC
pursuant to this Policy. Accordingly, this Policy constitutes a direct
contractual relationship between OCLC and the party obtaining WorldCat
Records, and may be enforced by OCLC directly against such party.
- OCLC has the sole discretion to determine whether any Use and/or
Transfer of WorldCat Records complies with this Policy. In the event
OCLC identifies a Use and/or Transfer which does not comply with this
Policy, OCLC shall notify the relevant OCLC Member(s) and/or Non-OCLC
Member(s) and such parties agree to work with OCLC to resolve the
- This Policy is the final, complete and exclusive statement of the
agreement of the parties with respect to the subject matter hereof.
Once applicable to a given Use or Transfer of WorldCat Records, no
provision of this Policy may be changed, modified or supplemented
except in a written document signed by the parties. OCLC may issue a
modified version of this Policy or a substitute for this Policy at any
time and the modified or substitute version will apply to any Use and
Transfer of WorldCat Records after the date of issuance (or other
effective date specified by OCLC).
- If any provision of this Policy is invalid or unenforceable under
applicable law, it shall not affect the validity or enforceability of
the remainder of the terms of this Policy, and without further action
by the parties to this agreement, such provision shall be reformed to
the minimum extent necessary to make such provision valid and
enforceable. No term or provision of this Policy shall be deemed waived
and no breach consented to unless such waiver or consent shall be in
writing and signed by the party to be charged with such waiver or
- This Policy shall be governed by and interpreted in accordance with
the laws of the State of Ohio and the United States of America, without
regard to principles of conflict of laws, except (i) as otherwise
provided in a separate agreement with OCLC which incorporates
this Policy; or (ii) as otherwise required by applicable law.