Article I. By-Laws Relating to the Officers and Council

Section 1.01 Consultation with Networks.

In determining policy for the networks, the Council shall take into consideration the inevitable differences in constituency and mission among the various lists. This task will necessarily involve consulting with the editors and editorial boards of each network and, where necessary, with the scholarly and/or professional organizations which have affiliated with that network. Every effort shall be made to make decisions are consistent with acknowledged disciplinary contours and scholarly procedures of said subject areas.

Section 1.02 Officer Leave of Absence.

In case of hardship, an officer or a member of the Council may take a leave of absence for up to three months. In such instances, the Council will select a temporary replacement to fulfill the duties of the person on leave.

Section 1.03 Standing Committees.

The Standing Committees of the H-Net Council shall be:

• Networks
• Teaching
• Research and Publications
• International Affairs

The H-Net Council shall establish such other committees as it deems appropriate for carrying out its responsibilities.

Section 1.04 Council Agenda.

The agenda of the Council shall be posted on HNET-STAFF on a regular basis.

Section 1.05 Filling Unexpired Terms of Council Members.

If a vacancy on the Council occurs before October 1, the first runner-up in the most recent Council election shall be seated for the interval between the time of the vacancy and January 1. If there are unexpired terms as of January 1, those terms shall be filled as follows: the longest unexpired term shall go to the candidate who was not elected to a full three-year term but who received the next largest number of votes; the next longest term shall go to the candidate with the next largest number of votes.

Article II. By-Laws Relating to the Networks

Section 2.01 Network Approvals.

All H-Net networks must be approved by the Council, and must supply a mission statement, editorial staff, and advisory board.

(a) Mission statements. H-Net networks must provide a mission statement that identifies the network's intended audience; its intellectual, scholarly, educational, or professional purpose; its editorial style; any special policies or circumstances that affect its operations or editorial policies.

(b) Editorial staff. H-Net networks must be edited by individuals certified by the Council. Certification requires a statement of interest and intent by the candidate, and approval from the network advisory board. The statement must originate with the candidate, and be submitted along with the board's endorsement.

(c) Advisory board. H-Net networks must have an advisory board of at least six field experts, including the editorial staff. Advisory board members must be certified by the Council. Certification requires a statement of interest and intent by the candidate, and approval from other members of the network advisory board in the case of established networks. The statement must originate with the candidate, and be submitted along with the board's endorsement.

Section 2.02 Dispute resolution procedure.

Academic debate and discourse inevitably, and usually constructively, invite controversy. The editors of H-Net's networks normally apply common, if evolving, professional standards in judging the value of content for publication. All network welcome messages will indicate any departure or special application of these standards to the network's mission. Those standards entail the balancing of intellectual freedom with the need for civility and restraint. Messages that in the judgment of the editors harass, defame, slander, or libel others, that abuse intellectual property rights, are subject to rejection or revision to remove the offending passages.

(a) H-Net's procedure for resolving disputes about editorial decisions involves a review of the decision by the network's editors, editorial advisory board, the Vice President for Networks, H-Net's editorial affairs committee, and ultimately, the H-Net Council.

(b) General principles:

(i) Authors of messages to H-Net networks deserve a fair, reasonable, careful reading and assessment of the material they provide. Authors acknowledge responsibility for the content of their postings. Editors acknowledge responsibility for exercising proper, professional, and reasonable judgment about the content of postings to their lists. (ii) Editors deserve fair treatment from subscribers. Harassment of editors through any of the lamentably common practices known on the Internet (including hate mail, insults, personal threats, "spamming" of the list or editorial address) will result in termination of the author's subscription, denial of privileges on H-Net's servers, and any further legal and professional remedies that the editors, board, and H-Net consider appropriate to the offense.

(c) Procedure for dispute resolution:

(i) General complaints or comments about editorial policy or practice should be first addressed to the network editors, in a signed email sent to the network address. H-Net expects that the vast majority of such questions or problems can be effectively resolved through direct communication among the parties involved. Editors are encouraged to consult with each other and the list advisory board.

If any issues remain unresolved, then editors, the board, and/or the originator of the complaint may address the matter to the Vice-President for Networks, who will follow the procedure outlined below.

(ii) Specific allegations of legal or professional misconduct should be addressed directly to the Vice President for Networks. Communications of this nature must refer to specific instances and indicate the remedy desired. The Vice President for Networks will consider the matter and consult with affected editors, network advisory boards, and, where necessary, H-Net's editorial affairs committee. The objective of these consultations will be to discover the facts, consider possible remedies, and implement solutions acceptable to affected editors, editorial advisors and members of the editorial affairs committee.

(iii) If the outcome of the process outlined in (2) is not acceptable to any of the parties involved, then that party may submit a written appeal of the decision to the H-Net Council. The Vice President for Networks will disclose all pertinent correspondence, indicate the decision arrived at, and serve simply as facilitator. The Vice President for Networks will not vote on the appeal, but will apply whatever decision the H-Net Council arrives at.

(iv) H-Net reserves the right to seek qualified legal advice in all cases whatsoever.

Section 2.03. Guidelines on Posting and Subscribing

(a) The following guidelines are based upon the developing practices and conventions of H-Net networks. Individual advisory boards should establish their own guidelines and policies consistent with the ones published here. Most of the points below are phrased as guidelines, with the purpose of assisting in the instruction of new editors. Many networks have their own practices and rules that new editors should become familiar with.

(b) Policies governing the management of subscriptions and list logs are intended to protect the privacy of subscribers and the integrity of online communities fostered through H-Net lists and web.

(c) General Principles

• H-Net is a nonprofit consortium of scholars and teachers who use networked communications to advance education, service, and teaching in the Humanities and Social Sciences.
• H-Net believes that vigorous, open, and constructive academic debate and content via its networks are best promoted by professional peer-review through teams of editors and advisory boards in consultation with subscribers and users of H-Net. Gatekeeping is vital to maintaining the impartiality, integrity, reliability, accountability, and quality of the services and content we provide.
• H-Net supports fair access to and fair use of digital materials, and seeks to balance the rights of intellectual property holders with the informational and instructional needs of students, scholars, libraries, and the informed public.
• H-Net believes in nondiscrimination in its services on the basis of creed, race, national origin, gender, or religion.
• H-Net supports the vital and legitimate interests of professional and learned societies and publications.
• H-Net supports classroom instructors through the provision of useful teaching materials and communications networks.
• H-Net believes in democratic decision-making and editorial independence in the management and operation of its services, lists, and web site.
• H-Net believes in responsible citizenship on the Internet, and will promote practical efforts to conserve resources, protect the integrity of data, expand access, preserve accountability, and extend cooperation to fellow Internet-based organizations and services.

(d) Editorial Guidelines for H-Net Networks

(i) Unless specifically excepted by the H-Net Council, all networks must be edited by individuals certified in advance by the H-Net executive committee. Editors may not designate a replacement who has not been certified by the H-Net Council and the network's advisory board. In cases of extreme emergency, temporary editors may be appointed with the approval of the executive director or his designee. In such cases, the temporary editor must announce her role and duties to the list at the first opportunity, and identify herself as the temporary editor in the mail header of network-related correspondence.

(ii) The welcome and informational files of each H-Net network must contain a statement of the network's mission, intended audience, editorial style, and subscription management practices. It must also contain reliable contact information for the network's editors, its advisory board, and H-Net's offices. Networks may include other information, including links, membership details, and material about sponsoring organizations. Welcome messages must also contain H-Net's official copyright policy.

(iii) H-Net Lists may not go unattended for more than five consecutive days without approval by the executive director or his designee. Editors must notify the list of any anticipated absences or lapses in coverage of greater than five days.

(iv) All postings to an H-Net list must include the following information, either in the mail header or in the body of the message:

• the name or signature of the author; anonymous or pseudonymous messages should be avoided;
• the name of the current list editor who forwarded the message to the list; (supplied by LISTSERV, the exact content depends on the configuration of the editor's mail program).
• the date the message was received or posted to the list;
• a subject line;
• the name of the list; (automatically supplied by LISTSERV).
• where the message was forwarded from, if applicable.

(v) Editors reserve the right to edit messages for clarity, ease of transmission, and concision. They will not alter the meaning of a message without consulting the author.

(vi) Due to the high incidence of viruses on the Internet, editors should not send mail attachments or files to their lists. H-Net's technical staff can provide protected sites for such materials.

(vii) Editors reserve the right to request revision of or refuse to post incoming messages that are, in the opinion of the editors and/or advisory board, ad hominem attacks on the reputations or character of others ('flames,' in Internet parlance).

(viii) Editors reserve the right to regulate the pace and quantity of postings by assembling digests of posts, holding posts for later delivery, or assigning features and posts to other editors.

(ix) Advertisements of for-profit activities are not permitted on H-Net lists and web pages. Exceptions are short descriptions of new products, software, books, or other materials that are, in the judgment of the editors, of interest to subscribers. Reliable contact information should be provided and commercial hype deleted. Editors should be wary of endorsing any product or service. Advertisements of rental apartments or housing for traveling or visiting scholars may be posted if they are edited for concision and are covered by suitable posting policies established by the list advisory board.

(x) Advisory boards must establish policies covering the posting of electronic petitions or electioneering for positions in a professional or political office, subject to review by the H-Net Council. In general, material that is part of a recognized election procedure endorsed by a scholarly organization affiliated with the network, or that is pertinent to or directly supports the network's mission as advocate for a particular organization or interest, is acceptable so long as its distribution does not compromise the editorial independence or impartiality of the editor. Editors have the option to post short notices of petition efforts germane to the profession or the network's mission and which point to a non-H-Net site or resource for further information and action. They may not use H-Net networks to gather signatures or campaign in such a manner as to undermine theeditors' impartiality.

(xi) Editors should avoid sending out virus alerts unless the alert is already endorsed or disseminated by either H-Net's technical staff or a recognized virus research or verification site.

(xii) All help-wanted or job advertisements for positions and subject areas already covered by the H-Net Job Guide must first be distributed only through the H-Net Job Guide. Waivers of the posting fee can be made by staff on a case-by-case basis, according to need or as the council may direct.

(xiii) H-Net networks should not distribute surveys for market or scholarly research without advance approval of the H-Net Council and the affected network advisory board, unless the material is the actual subject of discussion and is not actually a survey of the subscribers. Networks may post announcements of surveys conducted outside of H-Net.

(xiv) Editors may not redistribute messages originating from internal H-Net communications networks, including HNET-STAFF, H-Editor, H-Exec, planning lists, advisory board lists, or organizational lists designated as confidential, without the approval of the editor of the originating list, the author of the original message, and where appropriate, the H-Net Council. The exception is messages on H-Announce that are not clearly designated as "for editors only" or "not for public posting."

(xv) Editors are urged not to redistribute personal or private correspondence without the clear permission of the author of the correspondence; messages that refer to off-list conversations or opinions should be screened carefully. Editors assume proportionate responsibility for the consequences of forwarding such messages to a list.

(e) Subscription Management Policies

(i) Editors are reminded that H-Net owns the subscription lists and logs for all H-Net networks. For technical, privacy, and professional reasons, the integrity of the subscription list and logs should be guarded carefully.

(ii) Access to the subscriber list: direct access to the subscription list is limited to current listowners. Editors should treat all requests to REVIEW their list with care and circumspection, and should not hesitate to turn down such a request where appropriate. Persons interested in obtaining a single address may be accommodated, if in the editor's opinion the purpose of the inquiry is acceptable. Under no circumstances shall editors post the entire subscription list to their list or web site. Networks may establish membership rolls at their web sites, but only with the permission of the persons to be listed there. Networks may also share membership lists with affiliated journals or organizations if subscribers are given the opportunity to withhold their names before the membership list is shared.

(iii) Networks may establish their own qualifications for subscription. In no case may subscription be denied on the basis of race, creed, nationality, religion, or gender. Editors must inform applicants of the reasons for denial of a subscription.

(iv) Subscription qualifications must be written into the network's welcome, informational, and survey messages and clearly stated on its web page.

(v) For technical and practical reasons, all networks that do not screen subscriptions by survey must set subscriptions to include the "confirm" qualifier, in order to force verification of subscribers' addresses before a subscription is accepted.

(vi) Mass deletions of groups of subscribers, or of an entire list, may not be performed without the approval of the executive director or his designee.

(vii) List and web-displayed discussion logs may not be altered or expunged without consulting the network advisory board and the approval of the executive director or his/her designee, and/or the H-Net Council.

(f) Implementation: Network advisory boards may establish basic procedures for implementing these guidelines, subject to review by the H-Net Council.

Section 2.04 Copyright and Intellectual Property

H-Net is a nonprofit communications service intended to advance the teaching, research, and service of scholars, educators, and students. Preserving copyright rights is a collective responsibility:

H-Net users and editors must respect the intellectual property of others. Consistent with the objective of encouraging creativity in scholarship and education, editors and users are encouraged to transmit copyrighted works to or through H-Net, with the express permission of the copyright holder or in accordance with the fair use provisions of copyright law. H-Net considers posting to H-Net lists or web, as contrasted with private e-mail correspondence, to be a form of "publication." (a) Commissioned works: Unless otherwise indicated, book reviews, essays, and multimedia materials commissioned by H-Net are copyrighted by H-Net. H-Net permits the redistribution and reprinting of these materials for nonprofit, educational purposes, with full and accurate attribution to the author, location, date of publication, and H-Net: Humanities and Social Sciences Online. For any other proposed use, contact the executive director.

(a) Original messages: Although authors of messages to H-Net lists retain the copyright in those messages, sending a message to an H-Net list for posting will constitute permission to H-Net and its subscribers for electronic distribution and downloading for nonprofit educational purposes with proper attribution to the author, the originating list, and the date of original posting. Original messages to H-Net lists are not in the public domain, and may not be used for other than educational, nonprofit purposes without the permission of the copyright holder and notification to H-Net.

(b) Forwarded, non original content: Senders of messages must obtain permission to reproduce copyrighted work beyond the scope of "fair use." Editors must make a good-faith effort to confirm that material whose origin or content appears to be entirely derivative or non transformative and which exceeds fair use does not violate copyright in the original.

(c) 'Fair use': Title 17, Chap. 1, Sec. 107 of U.S. copyright law permits the reproduction of copyrighted material without permission of the copyright owner if the reproduction constitutes "fair use." The statute reads: The fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means ..., for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include -

• the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
• the nature of the copyrighted work;
• the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and * the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

(d) The consideration of these factors by courts is cumulative, as each factor is weighted according to the degree it serves the ultimate purpose of the fair use exemption: the advancement of knowledge and scholarship by allowing sufficient flexibility under copyright rules to permit and encourage the crucial process of one author's building upon earlier authors' work by being able to reproduce limited portions of it for nonprofit, educational, and scholarly uses. It is within that context that H-Net considers the meaning of fair use. For instance, the fact that H-Net is an educational, nonprofit organization does not alone entitle editors to duplicate copyrighted materials in toto. The Supreme Court has indicated, in Campbell vs. Acuff-Rose (1994), "the mere fact that a use is educational and not for profit does not insulate it from a finding of infringement" (114 S.Ct. at 1174). Therefore we recommend that editors should avoid posting a text if that would materially undercut the market value of the text. Editors should consider the pertinent facts related to the material's origin and the context in which it is to be used. If they then believe that copying the work is consistent with their list's mission, they should make good-faith efforts to see that its use inclines as much as possible in the direction of encouraging new works of scholarship or disseminating new information and knowledge. In general, this means that the mere labeling of a duplication as "fair use" or the transmission of a copy to a listserv for scholars and teachers does not alone establish it as a fair use. The "transformative" character of the use is an important consideration when deciding whether and how much to duplicate and distribute.

(e) Given the legal uncertainty surrounding "fair use" in the digital environment, editors and advisory boards are encouraged to place any reproductions as fully as possible within the educational, nonprofit, and transformative context of their list or web site. This could include, but is not limited to, extended quotation of the work; prefatory comments or questions that frame the work within an existing thread, that prompt new discussions, or that point to new directions in research; summaries of the work, reinforced by quotations or excerpts and references to the original source.

(f) All reproductions of works in part or whole should be clearly identified.

(g) With the exception of short quotations or excerpts occurring aspart of a spontaneous or developing discussion, the author, copyright holder, original source, title, copyright statement, and, in the case of materials obtained from the World Wide Web, the URL of the material being reproduced, must be included in the message. Care should be taken in formatting and presentation to preserve the integrity and legibility of the original. Mel Page's Internet Citation Guide as well as the major style manuals provide specific guidance as to the proper form for citing digital materials.

(h) When considering the reproduction of an entire copyrighted work (or an entire news article from a news web site), it might be helpful to use the following criteria. Government documents and materials whose copyright has expired fall within the public domain; journal tables of contents may be reprinted without permission.

Rules of Thumb for Using Copyrighted Material

• Is the posting consistent with the network's mission as stated in its Welcome Message?
• At the site of origin, is access to or use of the material restricted? The law does not require a copyright statement in order to establish copyright rights, so the specification of any rights, terms of use, limitations on access via passwords, fees, or subscriptions, are important indicators of the strength of the owner's proprietary interest in the material. It also pays to check whether the owner openly permits retransmission or redistribution if properly credited.
• Has the editor or sender requested permission from the owner to distribute the entire piece? Permission is not required and should not be sought if the use is a "fair use" under current law. The editor should decide whether a case for fair use is strong enough to preclude asking permission. Seeking permissions is not inherently difficult; H-Net can assist in this procedure.
• If the editor decides that there is a good case for fair use duplication of the work, then the question is the degree of risk the editor is willing to take, because there is no automatic standard that triggers an impregnable case that a use is a fair use. So the character, quantity of copies, and context of the use are important, because they can establish additional evidence that the use approaches the larger objective of advancing knowledge. Will the form and content of the message provide sufficient evidence to a reasonable person that redistributing it in whole or part offers a unique contribution to existing resources, or will it just duplicate material readily available elsewhere? Has the editor already posted other entire texts in the recent past? An average of one reprint per month poses no problems but editors should pause and ponder before going beyond that rate. Editors should be aware that posting to a list usually entails storage on the World Wide Web under a stable, permanent, accessible URL.
• Is the distribution of the work in its entirety necessary to a purpose clearly indicated in the prefatory questions or other contextual material? The editor should consider why the entire article must be distributed instead of excerpted, quoted, referenced, summarized, or otherwise presented.

(i) H-Net Internal Procedure for Resolving Disputes over Posting of Copyrighted Materials

(i) The first, and normally the final, locus of decision is with the editor and network advisory board. This decision should be taken in consultation with the fellow editors and advisory board and, where necessary, H-NET legal Council.

(ii) The editorial affairs committee will consider such cases that are referred to it by the editors and board, or by a copyright-owner appealing the final decision of the list. If referred to the editorial affairs committee, the committee will consider the case, apply the criteria outlined above, consult with outside experts and the H-Net copyright committee where necessary, and give its opinion.

(iii) If the opinion of editorial affairs is disputed, then the matter is referred to the H-Net Council, whose decision would be binding unless overturned by legal authorities.

(iv) The Vice-President for Networks will serve as facilitator in the appeals process.

Article III. Memberships:

Section 3.01 Free memberships. Persons or organizations in this classification receive memberships without cost to them.

(a) General members: Members of this classification include persons who subscribe to H-Net lists, use H-Net services, and who otherwise wish to register with H-Net as a member.

(b) Partner members: Members of this classification are organizations that wish to endorse a network. Eligible organizations include registered or chartered nonprofits, corporations, educational institutions or units thereof, learned, scholarly, or professional associations. Endorsement shall occur upon written agreement between the organization and H-Net and after consultation with the affected network advisory board. Networks may propose partner agreements to the Council. Unless provided for by the written agreement, endorsement shall not in any way affect the governance, editorial policy, staffing, or content of the endorsed network. Partner members may be acknowledged at the network web site and in its informational literature. The term of each partner memberhip shall automatically renew each year unless otherwise provided for by the agreement.

Section 3.02 Donor memberships. Donor Members receive membership in H-Net upon giving to H-Net according to the criteria established in the following categories.

(a) H-Net Associate: Individual donors who give to H-Net in any of the individual donation categories established by the Council become Associate Members of H-Net and receive member benefits as provided for by action of the Council.

(b) Institutional members: Registered or chartered corporations, nonprofits, educational institutions, learned societies, or other organizations who donate to H-Net as institutions, do not choose to be Affiliate members, or are not in another member category become institutional members of H-Net. Institutional members can work through partnerships with H-Net to sponsor special H-Net services or activities, develop new resources for the partnership, or pursue joint projects. H-Net may create levels of benefits and partnerships within the category of memberships. Institutional members may be eligible for benefits and services as established by action of the Council.

(c) Affiliate members. Organizations that donate to H-Net and wish to sponsor a particular network or networks may join H-Net as Affiliate Members. Affiliation shall occur upon a written agrement between the organization and H-Net that details the benefits, services, and shared responsibilities of the affiliation. Depending upon the level of donation, Affiliates are eligible for member benefits as provided for by action of the Council and indicated in the written agreement.

Section 3.03 Term of membership: the council shall establish the length of term for each type of membership. If none is specified by written agreement or the h-net bylaws, membership in all donor categories shall be for one year from the date that membership was approved by h-net.

Section 3.04 H-Net will require only so much contact or personal information from members as is necessary to identify and affirm their status as members, to include but not be limited to name, occupation or professional status, email address, business address and phone number. H-Net will not sell, transfer, or share membership contact information without the consent of the affected members.

Section 3.05 The purpose of memberships in H-Net is to further the organization's nonprofit, educational, and scholarly mission. No organization, in the pursuance of its membership activities, shall carry on any political propaganda or campaigns for or against any candidate for public office.

Article IV. Ratification and Amendment of the By-Laws:

Section 4.01 Ratification.

To take effect this document must beratified by sixty percent of the current (as of March 1, 2000) H-Net editors and officers by April 12, 2000.

Section 4.02 Amendment

(a) These By-Laws may be amended or replaced by Council.

(b) Amendments to the By-Laws may be proposed by any member of the Council. Once proposed, it shall be posted to HNET-STAFF and comments invited. A proposed amendment to the By-Laws shall be voted on two weeks following its initial proposal, provided that it has been posted to HNET-STAFF and that one week has elapsed since the posting to HNET-STAFF. Amendment of the By-Laws shall require the affirmative vote of ten members of the Council.