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

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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]