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Re: Books with media

Sylvia, we have a procedure for CD-ROMs accompanying books.

See the attached for sample cover letters and license.

Essentially, we turn the license situation around by telling the publisher
that we intend to use the materials under the terms of our generic CD
license unless they get back to us within a certain period of time.  If
they object, we return the book.

Don't know how often we've used the forms, but I haven't heard of a
publisher responding.  Could be they simply feel they have the upper legal
hand anyway, or lose what we send.

My feeling is this simplifies our own license workload, and at worst has
muddied the legal waters for any dispute, not that we've ever had one.


--Kimberly Parker

Date: Thu, 24 Oct 2002 18:50:58 -0400 (EDT)
To: liblicense-l@lists.yale.edu
Subject: Books with Media

Date: Thu, 24 Oct 2002 16:38:48 EDT
From: sgoldber@lib.uci.edu

The University of California, Irvine Library reviews licenses for books
with accompanying media.  Many of these licenses read:  By opening the
package in which the material is sealed, you agree to be bound by the


Are other libraries reviewing these licenses?

If so, how are you handling the language to which you do not agree?  An
example:  governing law of another state or country - language that a
public institution cannot accept.

Do you allow the book to be processed before you hear from the publisher
or hold up processing until the publisher responds?

Have you returned any titles because of this problem?

Thank you.

Sylvia M. Goldberg
Electronic Resources Acquisitions Librarian
University of California, Irvine
Phone:  949/824-6831
Fax:     949/824-2059