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
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]