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Re: Query Re Library Responsibility for Library Patrons' Use
- To: <firstname.lastname@example.org>
- Subject: Re: Query Re Library Responsibility for Library Patrons' Use
- From: "Anthony Watkinson" <email@example.com>
- Date: Wed, 28 Feb 2007 07:28:00 EST
- Reply-to: firstname.lastname@example.org
- Sender: email@example.com
I think that Karl raises a very sensible question. Why do publishers try to get this clause accepted?
I think I have the answer. The reason is that they listen to their lawyers. Lawyers always (in my experience) go for the clauses that are "best" for the organisation that employs them. Smaller publishers in particular do not feel able to fight back and substitute something more likely to be accepted.
I know very well that many librarians have real problems with university attornies. A good example is the curious insistence that an international publisher should be bound by state law and a reluctance to accept the neutral accomodation that the place of jurisdiction is missed out altogether.
----- Original Message -----
From: "Karl Bridges" <Karl.Bridges@uvm.edu>
To: <firstname.lastname@example.org>; "Jill Taylor-Roe"
Sent: Monday, February 26, 2007 8:15 PM
Subject: RE: Query Re Library Responsibility for Library Patrons' Use
I think a rough analogy to this is photocopiers. In most libraries there is a posting of the appropriate legal wording regarding copyright and that's that. If someone violates that it's their responsibility not the library's. (and I realize that some schools do require everything to go through a copy centre and really enforce this more). In any event, I think people (and publishers) are generally reasonable in accepting that there are limits on what we can do in regards to user behaviour. People do what they want. It's curious to me why publishers would even try to get such language in a contract when it seems that most libraries immediately get it changed or removed. I'd be interested in seeing a posting from a publisher who has this clause who could explain their reasoning.
Quoting Jill Taylor-Roe <Jill.Taylor-Roe@newcastle.ac.uk>:
I would echo Rick's response on this one - If there are any licence clauses I feel uncomfortable about signing up to, I usually run them past a very helpful contact in our Law School, and if he thinks the terms are excessive, he will often suggest an alternative wording which we then pursue with the publisher/vendor. We are usually able to reach an accommodation that suits both parties. We are particularly wary about indemnity clauses which imply that we accept responsibility for things we clearly have no control over. regards. Jill Taylor-Roe ________________________________ From: email@example.com on behalf of Rick Anderson Sent: Sat 24/02/2007 15:55 To: firstname.lastname@example.org Subject: RE: Query Re Library Responsibility for Library Patrons' UseHave any of you encountered this statement or a similar one? How did you handle it? Thanks for your help.I've encountered it several times, and it's always been a walking point for us -- there's no way we would agree to license terms that hold the library institutionally responsible for end-user behavior. The library will accept responsibility for what it's capable of doing: informing end-users about the terms, doing what it can to prevent a breach of license terms, and acting quickly to cure a breach if it occurs. But to accept institutional responsibility for what patrons do would be insanity. In my experience, it's very rare that a publisher fails to see reason on this issue when it's clearly (and firmly) explained. In ten years of license negotiation, I think I've walked away from one deal over this issue. --- Rick Anderson Dir. of Resource Acquisition University of Nevada, Reno Libraries email@example.com
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