RE: NEW VERSIONS OF MODEL LICENSES RELEASED

["Hamaker, Chuck" <cahamake@email.uncc.edu>]

Diane, 

thanks for responding.

We are all have lots of pressures on us from time, from other librarians
who don't understand why it takes so "loong" from people who want this
stuff now. And from content providers who don't seem to have a clue, or
have to go back to their lawyers too for every nuance.

Sometimes I think there are some very peculiar attorneys writing these
licenses in the the first place!

State law is the contract law for most of us in state institutions--and in
understanding it we are all entering a new area. Seems to me each state
probably needs the librarians and attorneys working in this arena to have
a statewide "standard" approach. --

Eleanor Cook, (Appalachian State here in NC) jsut emailed that suggestion.
I think she's right. Each state is slightly different (though the uniform
code helps somewhat) and it's a changing practices area as well.

Who would have thought we'd all have to work in contract law when we
started in this profession?

Wonder when the publisher and content providers who write these licenses
are going to speak up on the list??

They are creating these things and eating up their own staff and legal
time by having to respond to individual negotiations.

I wonder when the cost of license negotiations reaches a point where even
the providers realize there has to be a simpler way?

Chuck Hamaker


> -----Original Message-----
> From:	Diane Frake [SMTP:DFRAKE@vermontlaw.edu]
> Sent:	Tuesday, May 16, 2000 6:23 PM
> To:	liblicense-l@lists.yale.edu
> Subject:	RE: NEW VERSIONS OF MODEL LICENSES RELEASED
> 
> Chuck, your email described very well what most of us have been doing for
> some time with license agreements.  It is, indeed, confusing.  We used to
> just have to worry about Westlaw and Lexis contracts and I know I never
> read one.
> 
> After attending a workshop on understanding and modifying license
> agreements, I could never not read, not modify, not negotiate a license
> agreement again.  There are standard clauses in them (indemnity) that can
> open your institution to unlimited liablility.  We cannot afford to sign
> agreements without a complete understanding of what they mean.
> 
> Librarians must also take a very close look at state law to see if
> disclaimers of warranty, indemnity clauses, etc. are allowed in their
> states.  It might need to be a whole new position in libraries.
> 
> Luckily, there are now many standard licensing agreements we can use with
> vendors.  However, some of the ones I have seen still contain clauses I
> wouldn't be able to agree to.
> 
> Life as we knew it has changed once again in libraries.  My approach is to
> err on the side of caution.  It has resulted in not purchasing a product
> we would like to have, but we found we could live without it - the risks
> involved were too great, even if remote.
> 
> This is a great discussion......I hope it continues and spills over to
> other listservs.  I'm looking forward to learning more and finding out
> what other folks are doing.
> 
> Diane F. Frake, Associate Director
> Julien and Virginia Cornell Library
> Vermont Law School
> P.O. Box 60
> So. Royalton, VT 05068
> (802)763-8303, ext. 2444
> Fax: (802) 763-7159