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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
Voice: 303-871-3410
Fax: 303-871-3446
Email: [log in to unmask]