ACQNET: Polk Directories licenses

[Ed. note:  We are suggesting they post this also to LibLicense-L]

Date: Thu, 30 Oct 2003 08:01:30 -0500
From: Doug Yancey (Salem, OR PL) <dyancey_at_mail.open.org>
Subject: Polk Directories licenses

I am forwarding this question on behalf of my director.  Any comments
from libraries who have had a comparable experience are most welcome.
Thanks.

Doug Yancey
Salem Public Library
585 Liberty St SE
Salem, OR  97309
503-588-6214

>>> Gail Warner 10/29/03 04:34PM >>>
Has anyone had problems with the licensing agreement sent out by the
publisher's of Polk's Directories?  Salem's legal department has advised

Library staff that there is unacceptable risk involved in signing the
agreement.  I quote from a recent e-mail sent to SPL concerning the
issue:

"The license is limited to the City of Salem employees and does not
include Library patrons.  For other departments this is not a problem
because City employees, such as Building and Safety, use it internally
but do not make it available to the public. The Library is different
because it will be used almost exclusively by patrons.  In order not to
violate the provisions of the license, RL Polk should stipulate in the
license that it is not just limited to City employees but can also be
used by Library patrons.

There is also a provision where they want us to accept liability for
third party claims.  As an example, if someone used the directory to
stalk and commit a crime against another person, the City would agree
that RL Polk could not be held liable and that we would accept their
liability. I don't think these are risks the City should accept in a
written licensing agreement."

SPL staff have been working on this issue since July, and making no
progress with RL Polk, who won't sign an amended agreement, or with our
Legal Department, who won't authorize us to sign an agreement that does
include Legal's amendments.   Any suggestions would be welcome.

Gail Warner, Director
Salem Public Library, Salem, OR
gwarner_at_mail.open.org



--------------------------------------------------------------
For information about ACQNET's editorial policies,
how to subscribe/unsubscribe, and access to Archives, see:

 http://acqweb.library.vanderbilt.edu/acqweb/acqnet.html

--------------------------------------------------------------