From: Iris Brest <[log in to unmask]> Date: Tue, 1 Oct 2019 00:07:49 +0000 Of course the Licensor has copyright permissions, to the best of its belief. But one can be mistaken. It is very common to try to limit liability. The question I wonder about is the terms of the insurance carried by the parties. From: "Levenson, Patricia" <[log in to unmask]> Date: Mon, 30 Sep 2019 13:39:15 +0000 It is the publisher’s responsibility to clear copyright BEFORE they publish/use a third party’s work. There is no way I would be comfortable with indemnification in this situation and would walk away from the resource. This begs many questions: Why is the publisher doing this? Do they not have the legal and/or financial resources to ensure copyright compliance? If they don’t have copyright to these works what rights do they have? How can they legally publish this information if not? Is it a legit publisher? Since it’s a moderately priced resource (as stated) it appears (to me) the publisher is making a half-baked effort to publish while passing on any copyright risk to its subscribers. Unless I’m misunderstanding the original question… Patricia (Patti) Levenson Administrative Coordinator Co-Chair, Professional Women’s Committee E: [log in to unmask] O: 508-856-2205 The Lamar Soutter Library University of Massachusetts Medical School 55 Lake Avenue North Worcester MA 01655-0002 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]