Re: query regarding Copyright issue in a license

[Michele Newberry <fclmin@cns.ufl.edu>]

Debi, I haven't seen this before but I wouldn't accept it and I'd tell the
sales rep it was a deal breaker.  Let him/her fight with legal counsel on
this position.

-- Michele Newberry

Debi Baker wrote:

> Good afternoon,
>
> We are currently negotiating a license with a vendor whose legal counsel
> has placed this in his email message in response to our attempt to ensure
> our members are not forfeiting their rights under the US Copyright Act:
>
> 	"-Section 3 Use of excerpts. The uses proposed would have to
> 	be more restrictive and require product manager approval.
> 	Also, we will not explicitly state that we won't limit
> 	Subscriber's rights under the US Copyright Act. The idea of
> 	this agreement is to control our ip."
>
> If you would like to see what we proposed in the Section 3, please let me
> know.
>
> My question is this:
>
> 	- are you finding vendors specifically making this kind of
> 	  statement (where they 'will not explicity state that we
>          won't limit Subscriber's rights under the US Copyright
> 	  Act')?
>
> We've not run into such an aggressive stance before so I'm a little
> concerned about an apparent new mind-set.  Is anyone else coming up
> against this?  If so, how are you handling it?
>
> Thanks,
> Debi
> Debi Baker				Orbis Cascade Alliance
> Projects Manager			ddbaker@uoregon.edu