We clarify which intellectual property is ours (or their's, whichever is
easier) in such cases, after first just trying to strike the clause.
Margaret H. Knox [log in to unmask]
Director (512) 475-9224
The University of Texas
ITS- Collaboration & Academic Resources
OTIS - System wide Strategies
FAC 248 I (at Austin)78712
CTJ 2.220 (System Admin.)78701
From: Jim Phillips [mailto:[log in to unmask]]
Sent: Tuesday, May 23, 2006 4:07 PM
To: [log in to unmask]
Subject: [LICENSING] Indemnity clause
In contracts I have reviewed lately (iTunes, Task Stream, Bb ASP), there
is a clause that asks our institution to grant [Vendor] a royalty-free
sub-license for all the content they post. In some cases, they even use
wording like "perpetual"....
While I can see the need for this from the vendor's perspective, it
does grant them quite a lot. Does anyone else feel a strong resistance
to these sorts of clauses?
Also, as one would expect, our institution is completely responsible
for content posted by our faculty and students. Does anyone know if
there is insurance policies available to protect an institution from
content that infringes on copyright, permissions, or is in some way
illicit yet somehow manages to get posted? Beyond insurance and/or just
strong procedures, does anyone have any other possible solutions?
Director of Educational Technology Services
University of the Pacific
3601 Pacific Avenue
Stockton, California 95211
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