JADA Online License Agreement

["Shipley, Michele" <Michele_Shipley@URMC.Rochester.edu>]

Are any other libraries having difficulty with the new 
institutional site license agreement the American Dental 
Association is requiring for the Journal of the American Dental 
Association (JADA)?  I have identified the following problems 
with the license agreement:

- it requires the University to ensure (instead of use reasonable 
efforts to ensure) that authorized users will not remove any 
copyright, trademark or other proprietary notices

- it expressly prohibits classroom use of the journal

- it does not contain the standard indemnification stating that 
ADA has the right to license use of the licensed materials and 
will indemnify the University from the claims of any third party 
alleging infringement of copyright

- it requires that the agreement be governed by the law of 
Illinois

The ADA's attorney refuses to make changes to the license 
agreement for an individual library and says that all other 
libraries have signed the license agreement as is.

Please email me if you have negotiated changes to the license 
agreement or are attempting to do so.

Thanks for your help.

Michele M. Shipley
Assistant Director for Digital & Branch Libraries
University of Rochester
Health Science Libraries & Technologies
EG Miner Library
601 Elmwood Avenue
Rochester, NY 14642
(585) 275-6878
Michele_Shipley@urmc.rochester.edu