I was asked to summarize my findings for this listserv. I received two emails about AskART from museum librarians. Both are pleased with the product, and haven't had any problems. One of the librarians wasn't happy with the "Use of information" clause, but was able to add a sentence that specifically indemnified the library from copyright violation. Unfortunately, we weren't able to negotiate with the company to reword or remove the third party infringement clause. As a result, we can't subscribe to the database, which is too bad because it does look so good! --Peggy ________________________________ From: ART LIBRARIES SOCIETY DISCUSSION LIST [mailto:[log in to unmask]] On Behalf Of Peggy Keeran Sent: Thursday, October 11, 2007 7:58 AM To: [log in to unmask] Subject: [ARLIS-L] Questions about AskART and licensing contract Hi, all, We would like to subscribe to AskART, but there is a clause in the contract that our legal counsel doesn't like. It makes us liable if it is discovered that a third party's property rights has been infringed - if a third party discovers copyrighted content in the database that hasn't been cleared, then my institution is also liable. AskART won't remove this clause, although other vendors we've asked have removed it. If we are to subscribe to this database, we have to assess our risk. We were told by AskART that no one else has asked for this clause to be removed. My questions to those of you who subscribe are: 1) How confident do you feel that AskART has done their work to ensure that they have complied with copyright, and that this is a "just in case" clause where the risk is minimal? 2) How long have you subscribed to the product? 3) What is the value of this database to you that your institution is willing to take the risk? I'm sure I'll think of more questions, but that's it for now! Would you respond to me off list? Thanks. --Peggy Peggy Keeran Arts and Humanities Reference Librarian Penrose Library University of Denver 2150 E. Evans Avenue Denver, CO 80208 Voice: 303-871-3410 Fax: 303-871-3446 Email: [log in to unmask] <mailto:[log in to unmask]> __________________________________________________________________ Mail submissions to [log in to unmask] For information about joining ARLIS/NA see: http://www.arlisna.org/join.html Send administrative matters (file requests, subscription requests, etc) to [log in to unmask] ARLIS-L Archives and subscription maintenance: http://lsv.uky.edu/archives/arlis-l.html Questions may be addressed to list owner (Judy Dyki) at: [log in to unmask] __________________________________________________________________ Mail submissions to [log in to unmask] For information about joining ARLIS/NA see: http://www.arlisna.org/join.html Send administrative matters (file requests, subscription requests, etc) to [log in to unmask] ARLIS-L Archives and subscription maintenance: http://lsv.uky.edu/archives/arlis-l.html Questions may be addressed to list owner (Judy Dyki) at: [log in to unmask]