Draft UK model licence


Subject: Draft UK model licence
From: Emanuella Giavarra (ecup.secr@dial.pipex.com)
Date: ma 28 heinš† 1997 - 16:34:24 EEST


Dear list members,

On 15 July, I sent a message to this list about the recent study on
copyright clearance and digitisation in UK Higher Education.

JISC and the Publishers association also drafted an accompanying "model
licence". This licence has been sent for consultation to various
professional associations and organisation. The deadline for
consultation is 8 August. A copy of the model licence is available at:

http://epip.lboro.ac.uk/uksg/hi/pa.htm

Below you will find an introductory letter by Toby Bainton (SCONUL) and
Sally Morris (John Wiley).

I am very interested in any comments to this model licence. Please sent
your comments to this list.

Kind regards,
Emanuella Giavarra

--------------------------------------------------------------
Dear colleagues,

The attached lengthy document constitutes a proposed 'model licence'
between publishers and UK universities (although it could, of course, be
used more widely - we hope it will!). It is intended to address two
different situations:
       
        Digitisation of an existing print work
        Use of an electronic publication.

The 'model licence' was drafted by a lawyer after very constructive
discussions of a working party consisting of equal numbers of publishing
and university people; the group worked, not as official
representatives
of their 'side', but as individuals anxious to contribute to workable
solutions. Although some compromises were required, it was remarkable
how little disagreement there in fact was on any point. The members of
the group were:

        Charles Clark, legal adviser to Publishers Association (chair)
        Toby Bainton, SCONUL (rapporteur)
        Gerd Islei, Templeton College, Oxford
        Nigel Lodge, CHEST
        Sally Morris, John Wiley & Sons Ltd
        Charles Oppenheim, De Montfort University
        Chris Scarles, Cambridge University Press
        Peter Sowden, Routledge
        
It is not in fact our expectation that anyone will use this agreement in
its entirety. Quite apart from the fact that it contains many
alternatives and optional clauses, we recognise that individual
circumstances will differ. However, we hope that at the very least it
will provide two things:

o Agreed definitions which would enable both communities to use
terminology in the same way.

o Usable 'boiler-plate' wording which can be incorporated into
agreements
to the extent required.

The licence did not attempt to deal with the commercial terms of any
particular arrangement, as we all felt that this was impracticable (not
to mention possibly illegal!).

We are now anxious to obtain feedback from all interested parties in
order to refine this document and make it as useful as possible to our
communities; we all believe that greater consistency between licences
will make life simpler for all of us. Please post, fax or email any
comments you may have by 8 August to:
        
        Toby Bainton, SCONUL
        102 Euston Street, London NW1 2HA, England
        Tel +44 (0) 171 387 0317
        Fax +44 (0) 171 383 3197
        email sconul@mailbox.ulcc.ac.uk

Yours sincerely

Toby Bainton and Sally Morris



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