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] > >