[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

We have met the enemy...

We've been talking a lot recently about the unreasonable license terms
that publishers impose on us librarians.  In light of that discussion, I
thought I'd draw the list's attention to a license I've just examined.  
It contains a Dreaded Indemnification Clause, and a pretty awful one at
that, including as it does the following two terms :

"The Licensee assumes sole responsibility for all uses..."


"The Licensee agrees to indemnify and hold [the publisher] harmless from
and against any and all claims, liabilities, damages, expenses (including
attorney's fees) or losses, including without limitation, claims of
unauthorized use, arising from such uses."

Pretty egregious stuff.  The culprit?  Our very own American Library
Association.  The above is from the license agreement for
ChoiceReviews.online.  So next time we librarians accuse you publishers of
insensitivity to our needs and gross ignorance of the stark realities of
library work, you can take cold comfort in the knowledge that you're not
alone -- apparently we librarians don't quite understand those needs and
realities either.  Which is a little weird if you think about it, given
that most librarians, you know, work in libraries.

Rick Anderson
Head Acquisitions Librarian
Jackson Library
UNC Greensboro
(336) 334-5281

"If you enjoy, you understand;
if you understand, you enjoy... 
To like a football game is to 
understand it in the football way."
       -- Gertrude Stein