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RE: Peggy Hoon on licenses



This topic has certainly generated much conversation and good 
points.  I think those who were involved in all the meetings and 
hard working elucidating the various model license resources 
available like SERU and NERL are getting unduly defensive.  I 
have said several times that those efforts are to be applauded, 
used as much as possible, and have helped who knows how many 
librarians negotiating licenses.  I do stand by my statement that 
I am rehabilitating almost exactly the same language as I was 6+ 
years ago.  I also agree with the commentator(s) that no one 
license is going to do the trick due to the variety of offerings 
and the variety of universities and kinds of institutions.  I 
want to say that tremendous strides have been made but then I 
open up my computer and there is it - same old mess of a license 
with same old terms.

There can't be an infinite amount of types of licenses in this 
area.  If one size fits all is not right, perhaps a a suite of 
licenses can be developed; or a build-a- license site with 
library/vendor agreed upon terms in each area not unlike the 
Creative Commons model.  There are too many well-intentioned, 
intelligent people on both sides of this equation, not to keep at 
it until it becomes more efficient.  Since I comment on so many 
licenses right now, I can't simply state, well, we've got a model 
license, problem fixed; or throw up my hands and say there are 
too many variables,so fixing the problem is not possible.  No 
offense to anyone, just a person who finds herself looking at the 
same licenses, that's all and that's a fact.

Best, Peggy


-----Original Message-----
From: owner-liblicense-l@lists.yale.edu on behalf of Okerson, Ann
Sent: Wed 2/23/2011 8:13 PM
To: liblicense-l@lists.yale.edu
Subject: RE: Peggy Hoon on licenses

Peggy, yes we do give the license to publishers.  Yes, a number 
of them do accept it -- perhaps with some tweaks at their end. 
Bigger publishers are more likely to have their own attorneys and 
required language, so less likely to accept standard contracts 
than smaller ones.  And publishers not used to academia (from the 
business sector, for example, or from emerging countries) can 
indeed have off-the-wall contracts (and pricing), as if from a 
different planet.

But I shouldn't generalize too much!
Ann Okerson