Re: Elsevier Web Editions license

[Michele Newberry <fclmin@nersp.nerdc.ufl.edu>]

I concur with Rebecca.  One of the first things legal counsel will tell
you is that verbal or written promises made outside of the license have
little or no legal standing.  It particularly bothers me that different
people within Elsevier might have provided you with different
interpretations of both their written license and their understanding of
its intent.  Of course, it also bothers me that when publishers won't
entertain changes to the license.  Not having seen it, I can only say that
my experience has been that there is always at least one thing that my
state won't accept in every license we've signed.

  -- Michele Newberry
      Assistant Director for Library Services
      Florida Center for Library Automation
      http://www.fcla.edu
      fclmin@nersp.nerdc.ufl.edu
      352/392-9020


Rebecca Stuhr wrote:

> If the change is agreed to you should either have an addendum signed by
> both parties agreeing to the change, or cross out the word Library and
> replace it with campus, and, again, get this version of the license signed.
> We've never made a change in a license, no matter how small, without
> getting written, signed
> acceptance from the issuer.
>
> Rebecca Stuhr
> Grinnell College Libraries
> Grinnell, Iowa
>
> >This message was forwarded to liblicense-l from Diana Zinnato at Thomas
> >Jefferson University.  The liblicense-l Moderators
> >
> >---------- Forwarded message ----------
> >Date: Fri, 21 Jan 2000 15:34:34 -0500
> >From: Diana Zinnato <Diana.Zinnato@mail.tju.edu>
> >Subject: Elsevier Web Editions license
> >
> >Please post this on the Liblicense-L listserv.  Thanks, Diana
> >
> >We would like to take advantage of this no-additional-cost opportunity to
> >gain limited access to our Elsevier subscriptions online however I have
> >found a problematic point in the license.  In a general description of the
> >product on its "information site" there is reference to institutional sites
> >and a statement referring to IP addresses for each site. However in Section
> >2.2: Access of the subscription license it states that "access is limited to
> >the library where the subscribed print journals are held".  I see this
> >statement as an obvious contradiction to the concept of site license and it
> >is also ludicrous for someone to have to come to the library for electronic
> >access when the print issues are already there (especially since this is a
> >browse-only, non-searchable product).
> >
> >I asked my sales contact about this contradiction and she was adamant that
> >the product could only be made available in the library building and not
> >from offices or laboratories on campus and especially not from a student's
> >or faculty's home or other distant geographic location.  When I insisted
> >that this restriction did not make sense she took my question to someone
> >else for interpretation.  She came back with the answer that I was hoping
> >for, that access could be had by our entire campus, however she stated that
> >the wording of the license could not be changed.  In other words, they would
> >accept the concept of "campus" to take the place of library in that section
> >of the license.
> >
> >We don't feel comfortable signing the license without some written
> >acknowledgement that the access will be campus-wide.  Would it be
> >appropriate for us to sign the license but also send a letter to Elsevier
> >stating our interpretation of the word "library" (as confirmed by the sales
> >rep.) to document our intent?  How have others dealt with the language in
> >this license?
> >
> >
> >Many thanks,
> >
> >Diana Zinnato
> >Director of Collection Management
> >Scott Memorial Library, AISR
> >Thomas Jefferson University
> >1020 Walnut Street
> >Philadelphia, PA 19107
> >
> >Voice: (215) 503-2829
> >Fax: (215) 955-7642
> >Diana.Zinnato@mail.tju.edu
>
> Rebecca Stuhr
> Collection Development Librarian
> Grinnell College libraries
> stuhrr@grinnell.edu
> 515-269-3674