From: Iris Brest <[log in to unmask]>
Date: Tue, 1 Oct 2019 00:07:49 +0000

Of course the Licensor has copyright permissions, to the best of its
belief.  But one can be mistaken.  It is very common to try to limit
liability.  The question I wonder about is the terms of the insurance
carried by the parties.






From: "Levenson, Patricia" <[log in to unmask]>

Date: Mon, 30 Sep 2019 13:39:15 +0000

It is the publisher’s responsibility to clear copyright BEFORE they
publish/use a third party’s work. There is no way I would be comfortable
with indemnification in this situation and would walk away from the
resource.



This begs many questions: Why is the publisher doing this? Do they not have
the legal and/or financial resources to ensure copyright compliance? If
they don’t have copyright to these works what rights do they have? How can
they legally publish this information if not? Is it a legit publisher?
Since it’s a moderately priced resource (as stated) it appears (to me) the
publisher is making a half-baked effort to publish while passing on any
copyright risk to its subscribers.



Unless I’m misunderstanding the original question…



Patricia (Patti) Levenson

Administrative Coordinator

Co-Chair, Professional Women’s Committee

E: [log in to unmask]

O: 508-856-2205



The Lamar Soutter Library

University of Massachusetts Medical School

55 Lake Avenue North
Worcester MA 01655-0002







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]