From: David Macaulay <[log in to unmask]>
Date: Wed, 11 Dec 2013 18:09:02 +0000


Hello all,

Concordia University is looking into a subscription to TLG (Thesaurus
Linguae Graecae), published by University of California at Irvine, but
we are having some problems with the license. There are a number of
changes we would like to have made, mainly involving inclusion of
references to Canadian and Quebec law -  but most importantly, there
is one sweeping restriction on usage that we feel is unenforceable as
well as contrary to fair use/dealing:  "Licensee may not under any
circumstances download, print, make copies of and/or distribute TLG
materials". Actually there was a typo in the original text, forbdding
us to "print make copies" - this was the only thing they agreed to
change!

The only mitigating factor here may be that "authorized users" are not
mentioned in this statement. Other statements of permitted and
restricted uses refer to "Licensee and Authorized Users". I find the
distinction difficult to sustain, however.

Looking into the Liblicense-L archives, I see that there was some
discussion in 2002 regarding changes to the indemnity clause. I am
wondering about the more recent experience of other institutions with
this publisher. Have other libraries signed the agreement that
includes the above restriction? Do others see this clause as
problematic? Has anyone been able to negotiate changes to the standard
TLG agreement?


David Macaulay
Electronic Resources Librarian
Concordia University Libraries
Montreal QC H3G 1M8
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