Jennifer Trant reported that all but one Founding Member had signed
and returned the Membership Agreement, prior tot he launch of the
Testbed the end of August 1998. A few minor modifications in the
agreement were permitted, including elimination of the arbitration
clause in the Getty agreement, changes in choice of law for some
public institutions, and the inclusion of modifications to some
language to exclude "undue burden" on the members.
The stumbling block for the Los Angeles County Museum of Art has
been the question of Indemnification The Walker Art Center also
raised this issue in a cover letter returned with their Membership
Agreement, asking the Executive Committee to review the terms of
indemnification. LACMA also requested clarification on AMICOs
Michael Shapiro outlined the issues. He also reviewed the case
of Corel vs. Bridgeman which was recently argued in the 5th
District Court. Executive Committee members discussed options.
It was agreed that the purpose of the AMICO D&O insurance was
that it was to be used to protect members and officers.
Motion - Max Anderson: "Be it resolved that in the
case of any damages arising from intellectual property violations,
the AMICO Directors & Officers Insurance policy will be used
as a first recourse in settling claims."
Seconded Sam Sachs
The Executive Committee also asked Jennifer Trant to explore extending
the limits of the policy to $2 and $5 million and to report back
to the January 1999 meeting.
It was further agreed that AMICO was built on mutual trust and
that the terms "jointly and severally indemnify and hold harmless"
in the indemnification clause of the AMICO membership agreement
were an appropriate expression of AMICO policy and should not be
Electronic Information Policies
It was noted that, as discussed at the AMICO Members Meeting in
Los Angeles, many AMICO institutions do not have Electronic Information
Policies in Place. It was agreed that Michael Shapiro would prepare
a workshop on electronic information policies, that included the
discussion of a sample policy. This workshop would be offered to
AMICO members and others in conjunction with Museums and the Web,
in New Orleans in March, 1999.
AMICO Library University Agreement
Jennifer Trant reported that the University Testbed came online
on August 24 as the Research Libraries Group (RLG) had agreed. Most
universities have signed agreements and are now using the library.
Columbia, Texas, Princeton and Harvard have not yet signed, but
the issues posed by them are expected, ultimately, to be resolved.
Cal State has withdrawn from the Testbed, citing budgetary restrictions.
Trant noted that The AMICO Library University Agreement will, very
likely, need to be substantially simplified and adapted, especially
with respect to record keeping, if we are to succeed in licensing
next year. The volume of licensing in university libraries has now
become so great an administrative burden that there is little willingness
to agree to monitoring and reporting obligations. A possible compromise
may be two university agreements one with limited resolution,
downloading or adaptation rights and no monitoring and one with
higher resolution, local mounting and adaptation rights with monitoring.
Trant and Bearman will continue to explore this issue with the University
Distribution of Revised Drafts
Changes to both the AMICO Membership Agreement and The AMICO Library
Museum and University Agreements will be summarized by Michael Shapiro.
A revised/amended AMICO Membership Agreement will be circulated
in the coming months. Members will have the option to sign the revised
agreement if they wish.
Both the university and museum license will be redrafted to reflect
changes proposed and accepted already, and in the latter case, to
simplify the presentation. In developing a public library license,
AMICO will need to consider a limitation on quality of image reproduction.
University Testbed Usage Statistics
It was noted that the Research Libraries Group will be keeping
statistics on the use of The AMICO Library during the Testbed, and
that these will be shared with AMICO Members and University Testbed
AMICO Library Quality and Data
The varying quality of the cataloging contributed to The AMICO Library was noted by the Executive Committee. Trant reported on
the establishment of an Editorial Committee at the Members
Meeting in Los Angeles, to standardize usage of fields and to work
with the various vocabulary tools developed by the J. Paul Getty
Trust. The Executive Committee agreed that we should try to standardize
usage as much as possible, but that rather than enforce particular
rules, AMICO would work with thesauri and search engines to integrate
the library virtually. It was noted that, while the GII was no longer
going to operate as an independent program, the Trust was likely
to preserve the Vocabulary. AMICO will continue its work on matching
routines, and collaborate on the maintenance and development of
Negotiations will be taking place this fall and winter with other
distributors of The AMICO Library (besides RLG). Talks have begun
with OhioLINK and the California Digital Libraries. Preliminary
discussions with the Videomuseum Association are continuing to seek
a basis for collaboration with French museums.
Discussions include both the terms for making the Library accessible
and consortial pricing models. These models were discussed and it
was the sense of the Executive Committee that consortial agreements
should not be negotiated to return less than 50% of the income which
AMICO could reasonably expect to receive from the members of a consortium
if they all subscribed separately. As an example, it was noted that
few OhioLINK universities could reasonably be expected to subscribe,
while a larger portion of RLG members and California Digital Library
institutions would be expected to subscribe, even if individually.
It was agreed that the goal of subscriptions in these first years
of AMICO are to encourage broad use and that experiments providing
access to K-12 and public library users by the distributors should
be encouraged. These guidelines, along with the desirability of
three year agreements to give AMICO a sound basis for income projections
in these early years, were accepted as the basis for a negotiations.
Bearman and Trant will report to the Board at its January 1999 meeting
on progress made in securing contracts for multi-institutional subscriptions.
Art Museum Network (and AMICO web