From: Catherine Nelson <[log in to unmask]>
Date: Tue, 6 Dec 2016 10:54:40 -0800

Consult with your institution's  Counsel on this to find out what your
institution's  policy is on this matter. If your institution doesn't have a
policy, working with Counsel you might want to develop one.
When I see such a clause, I strike and replace with US copyright law and
Americans with Disabilities Act. My rational: I assume my users are
residents of the US, not the UK. There is a reasonable expectation that they
would know(or should know) US copyright law. I don't think there is a
reasonable expectation they would know UK copyright law. Regarding ADA, as
an institution in the United States I think we are required to conform to
ADA not some other country's law.

Catherine Nelson
Head, Acquisitions & Resource Management Service
University of California Santa Barbara

-----Original Message-----
From: Terry Leopold <[log in to unmask]>
Date: Thu, 1 Dec 2016 22:37:31 +0000

[MOD NOTE:  A good question, but it received no liblicense-l responses.
Anyone out there have any words of wisdom?]

We've been asked to sign a license from a company in the U.K. which binds us
to U.K. copyright law.  Here's the passage:

"This Agreement shall be deemed to complement and extend the rights of the
Institution and Authorised Users under the United Kingdom’s Copyright,
Designs and Patents Act 1988 and Copyright (Visually Impaired Persons) Act
2002 and nothing in this Agreement shall constitute a waiver of any
statutory rights held by the Institution and Authorised Users from time to
time under these Acts or any amending legislation."

Does anyone have any insight as to whether we should accept this?  I don't
know if U.K. and U.S. copyright law are similar enough for us to agree with
this, or whether we should ask that it be struck and replaced with a
referenced to U.S. law.

Thanks for any help you can offer.

Terry Ann Leopold
E-Resource Manager
Colorado Alliance of Research Libraries
3801 E. Florida Ave., Suite 515
Denver, CO  80210
[log in to unmask]
Phone - 303.759.3399, ext 111. Fax – 303.759.3363