RE: licence under 2 laws?

["Peter V. Picerno" <ppicerno@utmem.edu>]

I would certainly not sign such a contract until you have conferred with
your university's legal counsel as to the legality under UK law of such a
dual invocation of law being accepted as a standard legal practice in the
UK. In the US, where licenses state such things as litigation taking place
within the laws and statutes of 'X' state, it is accepted practice to cross
out the state of origin of the license and to substitute the name of your
own state. This particular situation, however, seems to get into the area of
the enforcability of the laws of one contry for offenses (real or imagined)
'committed' in another country.
I'm sure that we will all be interested to see what informed legal opinion
there is about this matter ... not to mention that we're dying to know who
the vendor in question is -- but propriety does not permit me, at least, to
ask!

Peter Picerno

-----Original Message-----
From: owner-liblicense-l@lists.yale.edu
[mailto:owner-liblicense-l@lists.yale.edu]On Behalf Of Pam Davies
Sent: Monday, July 02, 2001 3:15 PM
To: liblicense-l@lists.yale.edu
Subject: licence under 2 laws?


Colleagues,

We have been asked to sign a licence which says that it is governed by
both US and UK copyright laws, and that "Customer acknowledges that it and
its Users have no right to make copies [....] except to the extent
permitted by such copyright laws."

Where the two laws differ, how does that leave us and our readers:  if
something would be permitted under one law and not the other, does our
User have the right to do it or not?  Any thoughts, especially from UK
colleagues?

Pam

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Pam Davies,  IPR and Projects Officer,
Edward Boyle Library, University of Leeds, Leeds LS2 9JT, UK
p.m.davies@leeds.ac.uk    tel: 0113 233 5543   fax: 0113 233 5539