From: <[log in to unmask]>
Date: Tue, 26 Nov 2013 00:28:56 -0500

Dear Jan,

I think your caution is warranted. You may want to check with your
University Counsel as a first step. Some institutions prohibit the
signing of any contracts that would submit the University to the laws
of a foreign jurisdiction. Even if that's not the case I would
continue to advocate for silence within the agreement. If that is
going no where, how about a middle ground that calls for the
introduction of a neutral mediator to determine choice of law in the
event that the parties seek to adjudicate a perceived breach? Or, if
you find yourself backed into a corner and you really want to license
this content, what if you concede choice of law in exchange for your
choice of venue? I think in the end they'll opt for silence. Keep
pushing and report back. Good luck!

Cheers,
Tracy

Tracy L. Thompson, Executive Director
New England Law Library Consortium (NELLCO)
Albany Law School
Schaffer Law Library
Albany, NY 12208
www.nellco.org
[log in to unmask]
twitter - @nellcoinc



At 06:11 PM 11/25/2013, you 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