[Eril-l] License Negotiation Question

[Grossman, Jeffrey]

Hi Sara,

Theresa provides a perfect answer to both of your questions, but I'll risk confusing the issue with further information on the second part of your question.

We encountered a clause making broad assertions of intellectual property rights within the license, and pushed back pretty strongly. We are fortunate to have an excellent counsel who was able to craft compromise language that provided protection for our patrons while still allowing the vendor to protect its own IP. I fear that more contracts will have such clauses in the future, and I'm completely at a loss to comprehend how the average academic library could even begin to comply.

Best always,
Jeff

Jeff Grossman (he/him/his)
Head of Collection Services
University Library
grossmanj2 at xavier.edu
T 513-745-2998
xavier.edu/library/<https://www.xavier.edu/library/>
Student and faculty consultations: https://xavier.libcal.com/appointments/grossman

From: Eril-l <eril-l-bounces at lists.eril-l.org> On Behalf Of Arndt,Theresa
Sent: Wednesday, June 1, 2022 4:51 PM
To: Huber, Sara H. <sarai at ou.edu>; eril-l at lists.eril-l.org
Subject: Re: [Eril-l] License Negotiation Question

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Hi Sara -

I've successfully asked to have walk-in access added to licenses by simply asking.  I've never encountered that other type of clause.  I suggest you just ask them to strike that.  In my experience a simple request will often result in the vendor removing an objectionable clause.  Sometimes I think the licenses are written for use with their for-profit customers, but they'll remove clauses for a non-profit educational institution.  If they refuse, you could involve your university general counsel in reviewing the license - a lawyer's objection may carry more weight if the vendor wants your business.

Good luck! - Theresa

Theresa Arndt
Assoc. Director for Library Resources & Administration
Dickinson College
Carlisle, PA 17013
Office/voicemail:  (717) 245-1750
arndtt at dickinson.edu<mailto:arndtt at dickinson.edu>

she/her/hers

________________________________
From: Eril-l <eril-l-bounces at lists.eril-l.org<mailto:eril-l-bounces at lists.eril-l.org>> on behalf of Huber, Sara H. <sarai at ou.edu<mailto:sarai at ou.edu>>
Sent: Wednesday, June 1, 2022 4:31 PM
To: eril-l at lists.eril-l.org<mailto:eril-l at lists.eril-l.org> <eril-l at lists.eril-l.org<mailto:eril-l at lists.eril-l.org>>
Subject: [Eril-l] License Negotiation Question

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Hello,



A license has recently come across my desk with two unique clauses that I haven't seen before. The first section defines authorized users as ONLY those that are employed by the institution OR students and teachers of the institution. The language seems to exclude walk-in or guest users from accessing this product. The second section that troubles me indicates that all rights in any patents, designs, copyright, trademarks, etc. that are created or arising from the use of the product are to be assigned to the product owner. Has anyone encountered language like this before, and have you been able to successfully negotiate removal of these license terms? They appear to place an undue burden on the library and is not something that we feel can be enforceable.



Thank you!

______________________________

Sara Huber

Acquisitions Librarian

University of Oklahoma Libraries

sarai at ou.edu<mailto:sarai at ou.edu> |405.325.1888



________________________________
From: Eril-l <eril-l-bounces at lists.eril-l.org<mailto:eril-l-bounces at lists.eril-l.org>> on behalf of Huber, Sara H. <sarai at ou.edu<mailto:sarai at ou.edu>>
Sent: Wednesday, June 1, 2022 4:31 PM
To: eril-l at lists.eril-l.org<mailto:eril-l at lists.eril-l.org> <eril-l at lists.eril-l.org<mailto:eril-l at lists.eril-l.org>>
Subject: [Eril-l] License Negotiation Question

Caution:This email originated from outside of the College. Do not click links or open attachments unless you recognize the sender and know the content is safe. Report anything suspicious to the HelpDesk.



Hello,



A license has recently come across my desk with two unique clauses that I haven't seen before. The first section defines authorized users as ONLY those that are employed by the institution OR students and teachers of the institution. The language seems to exclude walk-in or guest users from accessing this product. The second section that troubles me indicates that all rights in any patents, designs, copyright, trademarks, etc. that are created or arising from the use of the product are to be assigned to the product owner. Has anyone encountered language like this before, and have you been able to successfully negotiate removal of these license terms? They appear to place an undue burden on the library and is not something that we feel can be enforceable.



Thank you!

______________________________

Sara Huber

Acquisitions Librarian

University of Oklahoma Libraries

sarai at ou.edu<mailto:sarai at ou.edu> |405.325.1888


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