RE: Peggy Hoon on licenses

["Okerson, Ann" <ann.okerson@yale.edu>]

Peggy, yes we do give the license to publishers.  Yes, a number 
of them do accept it -- perhaps with some tweaks at their end. 
Bigger publishers are more likely to have their own attorneys and 
required language, so less likely to accept standard contracts 
than smaller ones.  And publishers not used to academia (from the 
business sector, for example, or from emerging countries) can 
indeed have off-the-wall contracts (and pricing), as if from a 
different planet.

But I shouldn't generalize too much!
Ann Okerson

-----Original Message-----
From: owner-liblicense-l@lists.yale.edu 
[mailto:owner-liblicense-l@lists.yale.edu] On Behalf Of Hoon, 
Peggy
Sent: Wednesday, February 23, 2011 6:27 PM
To: liblicense-l@lists.yale.edu
Subject: RE: Peggy Hoon on licenses

I think I accidentally sent a partial message, Ann.  What I was 
trying to say, was that I am aware of and applaud the hard work 
and beautiful results of standard licenses that groups have 
developed for the benefit of all.  I use some of the terms myself 
- it's all great. I also applaud the web sites, like yours, and 
the licensing educational efforts by many groups.

Having said that then, my question would be - when your library 
approaches a vendor to buy access to their product, do you send 
them your license and say this is the one we'll be using?  Is 
that what we should be doing?  If so, do the vendors go along 
with that?  Our experience is that we get sent the vendor's 
license which then requires varying amounts (sometimes large 
amounts) of time to realign the terms with our environment and 
what our users need.  I looked at another license yesterday that 
is so off I wonder if it's even the right one for academia.

So - the point isn't that great licenses haven't been developed, 
but they aren't the ones coming across the table.  I would love 
to know if anyone has had success just sending back an entirely 
different license - like NERL - and had IT used as the starting 
point?

Best, Peggy


-----Original Message-----
From: owner-liblicense-l@lists.yale.edu on behalf of Okerson, Ann
Sent: Tue 2/22/2011 5:42 PM
To: liblicense-l@lists.yale.edu
Subject: RE: Peggy Hoon on licenses

Dear Peter:  There are several "standard reality-based library 
licenses," to my knowledge.  One that works well for us is our 
NERL template license, which grew out of the original DLF model 
license:

http://www.library.yale.edu/NERLpublic/NERLGenericLicjeRev092410.pdf

Others can probably point to their own similar useful standard 
contracts.

Cordially, Ann Okerson