[937] in Public-Access_Computer_Systems_Forum
License vs. Copyright
daemon@ATHENA.MIT.EDU (Public-Access Computer Systems For)
Thu Aug 6 09:46:44 1992
Date: Thu, 6 Aug 1992 08:41:42 CDT
Reply-To: Public-Access Computer Systems Forum <PACS-L%UHUPVM1.BITNET@ricevm1.rice.edu>
From: Public-Access Computer Systems Forum <LIBPACS%UHUPVM1.BITNET@ricevm1.rice.edu>
To: Multiple recipients of list PACS-L <PACS-L%UHUPVM1.BITNET@ricevm1.rice.edu>
2 Messages, 39 Lines
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From: SOLIBJA@GSVMS2.CC.GASOU.EDU (JULIUS ARIAIL)
Subject: RE: DeLorme's Street Atlas
I agree with the sentiment of the complaint that publishers should not
impose unreasonable demands on libraries as part of a licensing agreement,
but I believe that such agreements are legally enforceable. A speaker at
the recent Southeastern Library Network meeting made the point well when
he said that public use of a _purchased_ book is covered by copyright
law, with its well-known fair use provision. However, public use of a
_licensed_ book (or database) is covered by contract law, where the ground
is much less firm and almost anything goes as long as both parties entered
into the agreement willingly.
So I intend not to sign burdensome license agreements. Once I sign, they
got me.
Julius Ariail, Director of Libraries solibja@gsvms2.cc.gasou.edu
Georgia Southern University Statesboro, Georgia
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From: lib4@rosie.uh.edu (Thomas C. Wilson)
Subject: Purchase vs. License
With regard to the issue raised about the DeLorme (sp?) atlas display of
limitations...if in fact a library has *licensed* the product (i.e., signed
something or implicitly agreed to something through a P.O.), then the rights
will be governed by the licensing agreement, not necessarily Copyright law.
The trick is to negotiate what you want in writing...or be willing to walk
away from the table and not license the product.
Message-ID: <6AUG199208125915@rosie.uh.edu>
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