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single-use/stand-alone CD-ROMs

Forwarded message:
Date: Tue, 04 Nov 1997 15:42:53 -0600
From: Peggy Johnson <m-john@maroon.tc.umn.edu>
Subject: single-use/stand-alone CD-ROMs

I've been banging around on the LibLicense site and not finding what I'm
seeking.  Perhaps you can offer advice or direction. 

How are libraries typically handling contracts/licenses for
single-use/stand-alone CD-ROMs?  These are the items that may be
monographic or serial, but are the purview of a single selector.  

We have asked the selector to seek a license agreement prior to ordering. 
If they do not receive one, then the order processor requests one at the
point of order.  If it comes with the item, the processor is to send it to
the selector- who reviews and signs the agreement (or note).  If the
publisher does not supply a license, then the Library Business office
sends the following statement with the invoice payment.  "The University
of Minnesota Libaries has made payment for the material listed on the
invoice copy enclosed.  As no license agreement was received with the
material, US Copyright Law will govern the University of Minnesota's use
of the material.  In accepting payment, you have agreed to the above
statement."

I dither over who has authority to sign the license--or accept the
shrinkwrap/click-wrap license, especially since only three people in the
Libraries are officially authorized to sign contracts/licenses, and
purchase agreements.  These are our fiscal officer, univ librarian, and
deputy univ librarian. 

We seem to run legality against practicality and efficiency.  What say you
to any/all of this?  What's being done at Yale? At other places? 


*******************************************************************************

Peggy Johnson      
       Assistant University Librarian
       University of Minnesota Libraries
       499 Wilson Library
       309  19th Ave. So.
       Minneapolis MN 55455
       vox:    612-624-2312             fax:     612-626-9353  



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