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RE: Query Re Library Responsibility for Library Patrons' Use

Try 'reasonable efforts' language as an alternative.


At 07:24 AM 2/28/2007, you wrote:

EEK! Sorry I don't have enough time to fine-tune this: Words to live by (imho): Under U.S. law, *never* agree to best efforts for anything. It has come to be defined by various and sundry court cases as meaning that you pull out all the stops, i.e. you stop at nothing to get the job done. May be different in Maastricht. But for U.S., just refuse. There's no reason for a library to agree on any terms to make students, among others, do anything. You know you can't.

Georgia Harper
Scholarly Communications Advisor
University of Texas at Austin Libraries
512.495.4653; 512.971.4325 (c)

-----Original Message-----
[mailto:owner-liblicense-l@lists.yale.edu] On Behalf Of Tilly R (UB)
Sent: Monday, February 26, 2007 2:31 PM
To: liblicense-l@lists.yale.edu
Subject: RE: Query Re Library Responsibility for Library Patrons' Use

Hi Andrew,

We solved this by changing the passage to a best efforts clause,
most publishers accepted it.

Roel Tilly
Universiteit Maastricht
Grote Looiersstraat 17
6211 JH Maastricht

-----Original Message-----
[mailto:owner-liblicense-l@lists.yale.edu] On Behalf Of Andrew Waller
Sent: Saturday, February 24, 2007 4:34 PM
To: liblicense-l@lists.yale.edu
Subject: Re: Query Re Library Responsibility for Library Patrons' Use

I see the statement or ones like it now and then. There's no way
my institution can sign a license with something like this in it;
accordingly, we try to get it removed or work in some sort of
mutual indemnification.

Andrew Waller
Serials Librarian
Collections Services
University of Calgary Library

Cheryl Kugler wrote:

I have recently come across a sentence in several license
agreements which explicitly states that the library, the
licensee, will be responsible for misuse of the resource by its
patrons and the Licensee will be responsible for for any losses
which result. The wording may vary somewhat. Have any of you
encountered this statement or a similar one? How did you handle
it? Thanks for your help.

Cheryl C. Kugler
Head, Bibliographic Access Services
Honnold/Mudd Library
Claremont, CA  91711