RE: Library subs for works licensed under Creative Commons

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

A contract will exist between the publisher and the university 
once the subscription has been paid.  Terms will be implied by 
law to the transaction.  A contract exists, even though terms 
(other than those of the Creative Commons License) have not been 
written down.

The problem with this is establishing what those terms actually 
are!  So it is best to have something in writing.  In this case, 
if the publisher does not have a standard license, the library 
should place its subscription order subject to the terms and 
conditions that it requires; these terms can be set out quite 
simply in plain English on a one or two page document referring 
to the order and making it clear that acceptance of the order by 
the publisher includes acceptance of the terms and conditions.

If the publisher objects, then you probably have to negotiate 
about the terms.  Alternatively, refer the publisher to me, and 
I'll create a license for them!

John Cox
Managing Director
John Cox Associates Ltd
Rookwood, Bradden
TOWCESTER, Northants NN12 8ED
United Kingdom
E-mail: John.E.Cox@btinternet.com
Web: www.johncoxassociates.com


-----Original Message-----
From: owner-liblicense-l@lists.yale.edu
[mailto:owner-liblicense-l@lists.yale.edu] On Behalf Of Okerson, Ann
Sent: 31 July 2008 00:55
To: liblicense-l@lists.yale.edu
Subject: Library subs for works licensed under Creative Commons

My colleagues at Yale Library have a license related question for
the collective wisdom of the group.

One of our subject specialists is interested in setting up online 
access to a particular resource. Our Order Support Team contacted 
the publisher about their license and it seems they do not have 
anything. I.e., staff also searched the resource's web site to 
see whether there is a Terms and Conditions statement we may 
accept by simply filling out the online form and doing the 
necessary links and catalog entries here in the library.  She 
found out that the "work" is licensed under Creative Commons.

The publisher provides users a link at:

http://creativecommons.org/licenses/by-nc-nd/3.0/

But is there anything more we need to do for materials with
Creative Commons user language?  Creative Commons tells the
readers how they may re-use the materials (which of course
assumes the readers will look at the CC link); but
library-publisher agreements do more than just tell us what users
may do.  These agreements, even when very simple and brief,
establish a subscription relationship (this resource is paid)
between the two parties, with known business terms and conditions
for access, archives, and so on -- none of these other aspects
are addressed by Creative Commons.

Thoughts?  Ann Okerson/Yale Library