From: Tessa Minchew <[log in to unmask]>
Date: Tue, 26 Nov 2013 09:19:11 -0500

If you are super-cautious, then we are as well. Jurisdiction is a part
of of our mandatory contract language. We need it to be silent or set
to North Carolina. According to our purchasing guidelines, we couldn't
sign a license that didn't comply with this.

I haven't run into a publisher that refused to change it, but I'm also
new here and haven't negotiated scads of licenses yet.

Hope that helps!

Tessa L.H. Minchew
Electronic Resources Librarian
Acquisitions & Discovery
North Carolina State University Libraries
[log in to unmask]


On Mon, Nov 25, 2013 at 6:11 PM, LIBLICENSE <[log in to unmask]> wrote:
>
> From: Ann Shumelda Okerson <[log in to unmask]>
> Date: Mon, 25 Nov 2013 08:35:55 -0500
>
> Forwarded from another list for any liblicense-l comment and reply.
>
> ---------- Forwarded message ----------
> From: Jan Clark <[log in to unmask]>
> Date: Mon, Nov 25, 2013 at 5:14 AM
> Subject: Law clauses in licences
> To: [log in to unmask]
>
> Can anyone tell me how they handle foreign law clauses in site
> licences please?  Our normal procedure is to ask publishers if they
> will change the stated law or remain silent on the subject (allowing
> us to cross out the clause).  In most cases publishers are happy to do
> this, but occasionally we come across a publisher who is reluctant to
> do this.  We are currently experiencing this with Thieme, which may
> result in our not being able to subscribe to a particular journal that
> has been requested by a department.  The clause mentioning law states:
>
> "6.3 The provisions of substantive law applicable within the Federal
> Republic of Germany shall apply exclusively, and the principles of the
> conflict of laws under private international law, which would justify
> the applicability of foreign law, shall not apply."
>
> Our logic is that we can't agree to abide by laws we don't understand
> - but are we being super-cautious?  What do other people do?
>
> Thanks
> Jan
>
> Jan Clark
> Robinson Library
> Newcastle University
> Newcastle upon Tyne
> NE2 4HQ