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L'Annee Philologique



Date: Fri, 21 Jun 2002 14:37:05 -0400
From: Heather Ward <hward@oregon.uoregon.edu>
To: llicense@lsounix1.library.yale.edu

Would you please post this message to your list? From searching your
archives I see that you have discussed the licensing agreement for L'Annee
Philologique. I believe the proposal below would be of mutual interest to
both of our groups. Replies can be sent to me directly.
hward@oregon.uoregon.edu

Please pardon duplication. I am writing as the outgoing Chair of the
Classical, Medieval & Renaissance Discussion Group of WESS to ask for your
input for the following project. Your comments and opinions would be much
appreciated. Official statements by acquisitions or legal staff, would be
useful as well. Please send any comments to me at hward@oregon.uoregon.edu
by Monday, July 8, 2002.

At ALA in Atlanta the Classical, Medieval & Renaissance Discussion Group
determined to craft a letter to the creators/licensors of the new online
Annee Philologique requesting a change to licensing agreement language.
The problem lies in the governing law. The agreement states that:

"8.2- In the event of a dispute regarding the interpretation or execution
of any of these provisions, and in the absence of an amicable arrangement
between the parties, the Paris Commercial Court [Tribunal de Commerce de
Paris] shall have sole jurisdiction."  See:
<http://www.lesbelleslettres.com/html/annee_philologique_conditions_anglais.htm>

As it stands, many state institutions cannot _legally_ sign the agreement
because they are required to have state jurisdiction. Many private
institutions are prevented from signing due to similar university policy.

There has been discussion of this topic on the liblicense list, but
informal conversations with L'Annee staff have not proved fruitful so far.
I plan to send similar messages asking for ideas and support to
liblicense; Jim O'Donnell, incoming Chair of the American Philological
Association; the IFLA Committee on Copyright & Other Legal Matters; and
the ARL Office of Scholary Communication.

Many thanks!
Heather Ward

Outgoing Chair
WESS Classical, Medieval, & Renaissance Discussion Group