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7.0 License Agreements

By Lesley Ellen Harris, Esq.

7.1 Question: My organization has been offered a license agreement for a database. We want to license the database but cannot use it as we need to under the terms and conditions of the license.
Answer: Except for click-through, Web wrap or shrink wrap agreements, most licenses are negotiable. If you are faced with a license that does not meet your needs and does not appear to be negotiable, explain to the publisher how an amended agreement would better meet your needs, and try to open a discussion and negotiation to ensure that the final license is one that works for you. (2006-4)

7.2 Question: How do I determine what rights should be set out in a license agreement?
Answer: Determine how the content will be used, then ensure that the license reflects these uses. It is best to determine these rights in advance to ensure that you are meeting your needs and not simply reacting to the licensing offer from the content owner. Consult various people in your organization, from your lawyer to your researchers, consultants and librarian. (2007-1)

7.3 Question: How do you define ?commercial use? or nonprofit use? in a digital license agreement?
Answer: There are no guidelines or exact definitions of these and other terms in a license agreement. The parties signing the agreement need to agree on the wording of any definition. Take the time to discuss and define these and other terms as they relate to the scope of permissible uses under the agreement. Begin your definitions by a dictionary definition of that term, then modify that definition to meet your needs. (2007-2)

For more questions and answers on license issues, see: www.licensingdigitalcontent.blogspot.com.

Full post as published by Copyrightlaws.com on June 04, 2008 (boomark / email).