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Draft licence from PA/JISC

Date: Thu, 19 Jun 1997 09:01:17
From: Sally Morris <>
Subject: Draft licence from PA/JISC

Liblicense readers - please let Toby have your comments on this attachment
 we would very much appreciate your input.

Dear colleagues,

The attached lengthy document constitutes a proposed 'model licence'
between publishers and UK universities (although it could, of course, be
used more widely - we hope it will!).  It is intended to address two
different situations: 
	Digitisation of an existing print work
	Use of an electronic publication. 

The 'model licence' was drafted by a lawyer after very constructive
discussions of a working party consisting of equal numbers of publishing
and university people;  the group worked, not as official representatives
of their 'side', but as individuals anxious to contribute to workable
solutions.  Although some compromises were required, it was remarkable how
little disagreement there in fact was on any point.  The members of the
group were: 

	Charles Clark, legal adviser to Publishers Association (chair)
	Toby Bainton, SCONUL (rapporteur)
	Gerd Islei, Templeton College, Oxford
	Nigel Lodge, CHEST
	Sally Morris, John Wiley & Sons Ltd
	Charles Oppenheim, De Montfort University
	Chris Scarles, Cambridge University Press
	Peter Sowden, Routledge
It is not in fact our expectation that anyone will use this agreement in
its entirety.  Quite apart from the fact that it contains many
alternatives and optional clauses, we recognise that individual
circumstances will differ.  However, we hope that at the very least it
will provide two things: 

o Agreed definitions which would enable both communities to use
terminology in the same way. 

o Usable 'boiler-plate' wording which can be incorporated into agreements
to the extent required. 

The licence did not attempt to deal with the commercial terms of any
particular arrangement, as we all felt that this was impracticable (not to
mention possibly illegal!). 

We are now anxious to obtain feedback from all interested parties in order
to refine this document and make it as useful as possible to our
communities;  we all believe that greater consistency between licences
will make life simpler for all of us.  Please post, fax or email any
comments you may have by 8 August to: 
	Toby Bainton, SCONUL
	102 Euston Street, London NW1 2HA, England
	Tel 	+44 (0) 171 387 0317		
	Fax 	+44 (0) 171 383 3197

Yours sincerely

Toby Bainton and Sally Morris
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