RE: Query Re Library Responsibility for Library Patrons' Use

["Jill Taylor-Roe" <Jill.Taylor-Roe@newcastle.ac.uk>]

I would echo Rick's response on this one - If there are any 
licence clauses I feel uncomfortable about signing up to, I 
usually run them past a very helpful contact in our Law School, 
and if he thinks the terms are excessive, he will often suggest 
an alternative wording which we then pursue with the 
publisher/vendor.  We are usually able to reach an accommodation 
that suits both parties. We are particularly wary about indemnity 
clauses which imply that we accept responsibility for things we 
clearly have no control over.

regards.
Jill Taylor-Roe

________________________________

From: owner-liblicense-l@lists.yale.edu on behalf of Rick Anderson
Sent: Sat 24/02/2007 15:55
To: liblicense-l@lists.yale.edu
Subject: RE: Query Re Library Responsibility for Library Patrons' Use

> Have any of you encountered this statement or a similar one? 
> How did you handle it? Thanks for your help.

I've encountered it several times, and it's always been a walking 
point for us -- there's no way we would agree to license terms 
that hold the library institutionally responsible for end-user 
behavior.  The library will accept responsibility for what it's 
capable of doing: informing end-users about the terms, doing what 
it can to prevent a breach of license terms, and acting quickly 
to cure a breach if it occurs.  But to accept institutional 
responsibility for what patrons do would be insanity.

In my experience, it's very rare that a publisher fails to see 
reason on this issue when it's clearly (and firmly) explained. In 
ten years of license negotiation, I think I've walked away from 
one deal over this issue.

---
Rick Anderson
Dir. of Resource Acquisition
University of Nevada, Reno Libraries
rickand@unr.ed