--- Forwarded Message from "Edmund Dente" <[log in to unmask]> ---

>Subject: Re: #7654 Tapes and CDs and MP3s... oh my!
>Date: Wed, 6 Oct 2004 16:56:46 -0400
>Thread-Topic: Re: #7654 Tapes and CDs and MP3s... oh my!
>Thread-Index: AcSr5v4NdtNmZsRqTdG78PfCgsC+Aw==
>From: "Edmund Dente" <[log in to unmask]>
>To: "Language Learning and Technology International Information Forum"
<[log in to unmask]>

--- Forwarded Message from "rebecca adae" <[log in to unmask]> ---

>From: "rebecca adae" <[log in to unmask]>

>Dear Judi,

>I write for MP3 permission rights as well.  It depends on the
publisher.  The

>busy work never ends!

>Becky Adae

>SUNY New Paltz

Becky,

You're right.

And here is a new approach that one publisher has taken.

I ordered CDs in Chinese from the Chinese Linguistics Project at
Princeton that came with a licensing notice that stunned both our
university general counsel and me.

First, this lins: "To execute this license, please request that the
legal representative of your institution fill out the appropriate
sections... Please be sure that the true LEGAL REPRESENTATIVE of your
institution fills out the license, and not the Director of the Program,
Principal, Headmaster (sic), or any other person of authority..."

So now I had to bother our university counsel with this. He was ok with
it until he came to this section:

"Licensee shall indemnify, hold harmless and defend Princeton, its
trustees, officers, employees, students, and agents against any and all
claims, suits, losses, liabilities, damages, costs, fees and expenses
(including reasonable attorneys' fees) resulting out of the exercise of
this License. (following emphasis mine): THIS INDEMNIFICATION SHALL
INCLUDE, BUT IS NOT LIMITED TO, ANY AND ALL CLAIMS FOR WHICH EITHER
PARTY IS ALLEGED OR TO HAVE BEEN WHOLLY OR PARTIALLY NEGLIGENT."

Let me tell you, he was not pleased about this line. We become
responsible for their possible negligence?????

Is this standard stuff? How can we reasonably sign off on that claim? He
will not do so, and I can't blame him.

Ed























On Mon, 4 Oct 2004 10:43:55 EDT

  LLTI-Editor <[log in to unmask]> wrote:

> --- Forwarded Message from Judi Franz <[log in to unmask]> ---

>

>>Date: Thu, 30 Sep 2004 14:40:26 -0700

>>To: [log in to unmask]

>>From: Judi Franz <[log in to unmask]>

>>Subject: Tapes and CDs and MP3s... oh my!

>

> Hi All,

>

> Since we have converted our language materials (all but ESL) to

> digital format and served them over the web, we've had all of our

> files in QuickTime format. Our publisher agreements were set up such

> that the students weren't meant to download the files, only to listen

> to them. However, we still would copy cassette tapes of the material

> for students who needed them for whatever reason. We were never in

> the CD burning business.

>

> However, since most students now don't have cassette tape players in

> their cars or homes, we don't currently have a way to provide them

> materials for use during their commutes or when they are away from a

> computer.

>

> I know that many of you post your audio files as MP3s. Do you allow

> the students to download these and burn their own CDs? Is that OK

> with the publishers?

>

> Thanks in advance for your guidance,





=================================================

Edmund N. Dente
Director, Language Media Center

Asst Director, Media Services      617.627.3036
Tufts University                        [log in to unmask]

Medford, MA  02155             http://ase.tufts.edu/lmc