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Subject:
Re: Indemnification and liability - Question
From:
LIBLICENSE <[log in to unmask]>
Reply To:
LibLicense-L Discussion Forum <[log in to unmask]>
Date:
Tue, 1 Oct 2019 18:43:27 -0400
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From: JJE Esposito <[log in to unmask]>
Date: Mon, 30 Sep 2019 20:00:56 -0400

It IS nuts. The publishers should be ashamed of themselves. This is the old
problem of not supervising the lawyers.

Joe Esposito


On Mon, Sep 30, 2019 at 7:57 PM LIBLICENSE <[log in to unmask]> wrote:

> From: "Mackinder, Lisa" <[log in to unmask]>
> Date: Mon, 30 Sep 2019 11:22:34 +0000
>
> That's exactly the situation here, Joe.  Thanks for confirming it's a bit
> nuts.  When copyright owners contribute to the resource, they sign
> something saying they have the right to do so (I've asked to see this
> agreement).  I also asked the vendor to insert the warranty clause that
> states they have all necessary permissions to provide the resource for our
> use, and they've removed it.
>
> Appreciate your feedback,
>
> Lisa
> ------------------------------
> From: JJE Esposito <[log in to unmask]>
> Date: Sun, 29 Sep 2019 17:26:44 -0400
>
> Lisa,
>
> Could you clarify this a bit? Are you saying that a vendor/publisher is
> selling/licensing something to you, components of which may be copyrighted
> by a third party? If the third party sues you for infringement, then your
> vendor will only indemnify you up to the amount you spent with them? That's
> crazy. It's the vendor's responsibility to clear the copyrights. Or am I
> missing something obvious here????
>
> Joe Esposito
>
> On Sun, Sep 29, 2019 at 2:56 PM LIBLICENSE <[log in to unmask]> wrote:
>
> From: "Mackinder, Lisa" <[log in to unmask]>
> Date: Fri, 27 Sep 2019 13:32:03 +0000
>
> Licensor is willing to indemnify us as Licensee against third-party claims
> of copyright/IP infringement, but the indemnification is subject to a
> liability cap of aggregate amounts paid in the 12 mo prior to the event in
> the claim.
>
> It’s a moderately priced resource, but the copyright of the content could
> be and often is owned by third parties.
>
> Any thoughts on having liability limited with a cap from the licensee
> perspective?
>
> Thanks,
>
> Lisa
>
> Lisa Mackinder | Head of Acquisitions and Collections Services
>
> Alden Library | Ohio University
>
> 740-593-2707 | [log in to unmask]
>
>

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