Re: Negotiating with the Library of Congress

[Joe DeVeer <jdeveer@mbl.edu>]

We've run into the same thing. We asked for addition of a clause in which
LC warrants that it has the right to license the material and that the
material doesn't infringe the copyright of any third party. We also sought
indemnification for any third party claims of infringement. In addition,
we asked for removal of a clause in which LC seeks indemnification from
us. My experience has been that such requested changes, if necessary, are
usually accepted by publishers. Not so in this case. We were simply asked
to resend another (unaltered) copy of the license if we want access to the
product.

Joe deVeer
Technical Services Coordinator
MBL/WHOI Library (http://www.mblwhoilibrary.org)
Marine Biological Laboratory
7 MBL Street
Woods Hole, MA 02543-1015
Phone: (508)289-7452
Fax: (508)540-6902
E-mail: jdeveer@mbl.edu

__________________________

Rick Anderson wrote:

> I'm in the middle of a rather frustrating license negotiation with the
> Library of Congress.  We want to purchase a copy of the new Classification
> Web product, and I find the license to be unusually restrictive and
> inappropriate on several points (institutional assumption of all
> responsibility for patron behavior, utter lack of any warranty, etc.).
> This surprises and disappoints me, since this is, you know, the Library of
> Congress I'm dealing with, but what's even more surprising and
> disappointing is LC's stated unwillingness to alter the license terms in
> any way ("In keeping with a policy to maintain a standard customer
> license," as if standard licenses were some kind of absolute good).
>
> Has anyone had more success than I in negotiating with LC?  And if not,
> should we consider giving that institution some kind of public award for
> being less reasonable than most commercial publishers in its licensing
> policies?
>
> -------------
> Rick Anderson
> rickand@unr.edu