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]