Re: restrictive license clause

[Elizabeth_R_Lorbeer@rush.edu]

Dear Jill,

I have seen similar wording for database/online aggregators who produce or
resell products on behalf of third parties.  Since the aggregator does not
collect the data, and only provides the means to search and view content,
it’s in their favor to include a clause that gives them the right to
cease production.  Questions I suggest you ask the Licensor is if a
contract exists between the third party and aggregator.  If so, what are
the general terms of the agreement, such as the number of years the
aggregator has the right to sell and display the content. Is there data or
content that the aggregator does not have rights to publish which may be
missing from the product, i.e. Letters to the Editor or Supplements?  Is
there a morality clause in place? (“…or is defamatory, obscene,
unlawful or otherwise objectionable.”)  From the aggregator's answers,
you’ll be able to make your decision to accept the clause as is or add
specific language to protect your institution’s rights during the
duration of the agreement. Note with such wording, the license is often
silent about archival rights.

Sincerely,
Liz Lorbeer, Collection Development Manager
Library - Rush University Medical Center
Chicago, IL 60612
Elizabeth_R_Lorbeer@rush.edu