Re: licence under 2 laws?

["John Cox" <John.E.Cox@btinternet.com>]

To provide that a contract is subject to two laws is absolute nonsense.  It
displays profound ignorance on the part of the supplier.  In this case, US
and UK laws on fair use/dealing and library privilege differ in detail.  The
whole point of specifying a jurisdiction is to make it clear which set of
rules apply in the case of a dispute.  Don't accept this, and tell the
supplier to either accept UK law (as the law of the customer) or talk to
their own lawyers.

John Cox (Barrister-at-Law)

John Cox Associates
Rookwood, Bradden
TOWCESTER, Northants NN12 8ED
United Kingdom
Tel: +44 (0) 1327 861193
Fax: +44 (0) 1327 861184
E-mail: John.E.Cox@btinternet.com

-----Original Message-----
From: Pam Davies <lib6pmd@library.novell.leeds.ac.uk>
To: liblicense-l@lists.yale.edu <liblicense-l@lists.yale.edu>
Date: 2 July 2001 9:35 pm
Subject: licence under 2 laws?


Colleagues,

We have been asked to sign a licence which says that it is governed by
both US and UK copyright laws, and that "Customer acknowledges that it and
its Users have no right to make copies [....] except to the extent
permitted by such copyright laws."

Where the two laws differ, how does that leave us and our readers:  if
something would be permitted under one law and not the other, does our
User have the right to do it or not?  Any thoughts, especially from UK
colleagues?

Pam

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Pam Davies,  IPR and Projects Officer,
Edward Boyle Library, University of Leeds, Leeds LS2 9JT, UK
p.m.davies@leeds.ac.uk    tel: 0113 233 5543   fax: 0113 233 5539