This webinar discussed advances in streamlining and simplifying consortial licensing. Christine Stamison discussed how the Northeast Research Libraries Consortium uses model licenses to negotiate with publishers. She emphasized the importance of including terms that allow for text and data mining. Anne McKee discussed the licensing principles of the Greater Western Library Alliance, including maintaining fair use rights and allowing access by distance learners. She advocated for the NISO Shared Electronic Resource Understanding as a best practice. David Celano provided the publisher perspective, noting that Springer has simplified its license over time and adopted SERU. While licenses are still needed, further evolution and simplification could help reduce the administrative burden.

1. NISO Webinar:
Streamlining and Simplifying:
Advances in Consortial Licensing
August 13, 2014
Speakers:
Christine Stamison, Director at Northeast Research Libraries Consortium
Anne E. McKee, M.L.S., Program Officer for Resource Sharing,
Greater Western Library Alliance (GWLA);
Co-chair of the NISO SERU (Shared Electronic Resource Understanding)
Standing Committee
David Celano, Vice President, Library Sales, Springer
http://www.niso.org/news/events/2014/webinars/licensing/

2. Starting Point: Using Model License Templates to
Streamline License Negotiation and Contracting
NISO Webinar:
Streamlining and Simplifying:
Advances in Consortial Licensing
Christine M. Stamison, MLIS
Director, Northeast Research Libraries Consortium

3. NERL Mission Statement
• To foster and support the educational and
research missions of its member
institutions by coordinating,
consolidating, and negotiating the best
possible licensing terms and prices for
electronic resources.

4. Background
• Founded in July 1996 by Ann Okerson
• Grown from 12 to 28 Core Members
– Primarily private institutions
– Located on the east coast and mid-Atlantic regions
– And, one in the Midwest and one on the west coast
• 90 Affiliate libraries
• License primarily electronic content
• Now housed at the Center for Research
Libraries in Chicago

5. Model Licenses

6. Consortial Model Licenses
• Represents the needs of the many in one
document
• Sends a strong message to providers – this
what it takes to do business with your
consortium
• Gives you a more equal seat at the table
• Easier to review
• Must be a living document

7. Doing Business with NERL
• Preference that vendor use NERL Model License
– http://www.nerl.org/sites/default/files/nerl_docs/N
ERLModelLicense111412.docx
• License negotiated must be easy for library to
monitor
• Need to look at how deal will reward
members/affiliates for aggregating business for
publisher
• Must have a “perpetual” option
• Must be opt-in model
• Billing through NERL or subscription agent

8. Doing Business with NERL
• Issues of the day:
– Ability to use content for international ILL
– Expanded definition of “Authorized User”
– No “confidentiality clauses” except for trade
secrets
– ADA compliant
– DRM free e-books
– Author Rights
– ABILITY TO TEXT AND DATA MINE

9. Doing Business with NERL
• Text and Data Mining
– No gatekeeper
– Use of mutually agreed upon API
– Negotiate favorable price to purchase content
for institution’s server
• “This will make publisher’s content more
valuable.”
• Role for NISO – best practices

10. On the Horizon
• Open Access
– Negotiate discounted Article Publishing
Charges (APC)
– No double dipping
• Updating of the LIBLICENSE Model
License
– Public comment period ended recently
– September/October release

11. Concluding Remarks
• Through the continued use of
consortial model licenses we can:
– Continue to advocate for our members and the
library community as a whole
– Bring as many buyers to the table
– Even the playing field
– Push the envelope on sensitive issues
– Be vocal

12. Thank You!
Christine M. Stamison, MLIS
cstamison@crl.edu

13. NISO Webinar
Streamlining and Simplifying:
Advances in Consortial Licensing
“Reconsidering the ‘Sacred Cows’ of Content
Licensing”
Anne E. McKee, MLS
Program officer for Resource Sharing
Greater Western Library Alliance (GWLA)
Co-Chair SERU Standing Committee

14. GWLA-who we are!
33 academic research libraries
◦ 17 states ranging from Illinois to Hawaii, Texas to
Washington State
◦ All either RU/VH OR RU/H
◦ Combined FTE of 850,000+
25 members of the Association of Public and
Land Grant Colleges
25 members of the Association of Research
Libraries (ARL)
12 members of the Association of American
Universities (AAU)
15 Partners-Hathi Trust
501(c)3
Celebrated our 15th Birthday 8/6/2014

15. GWLA Incubators:
OCCAMS Reader
http: ///www.occamsreader.org
BioOne.1 & .2 - Founded by Allen Press,
American Institute of Biological Sciences,
Allen Press, GWLA, SPARC and University of
Kansas
TRAIL (Technical Reports Archive & Image
Library): digitize, archive and make
accessible federal reports issued prior to
1975: http://WWW.crl.edu/grn/trail
Western Waters Digital Library (WWDL):
http://www.westernwater.org

16. GWLA Licensing Principles
Partners –NOT- Adversaries with
publishers/content providers and/or other
consortia
Understand and acknowledge fair profit
No requirements of
◦ “all in or out”
◦ considering GWLA first
Any offer must be consistent w/ members
institutional research & teaching goals
Offers and licensing clauses: “Good for the
Majority” rules
Will not license any content (or allow any non-
members to participate) that may affect our
501(c)3 status.

17. Licensing Terms we need
Distance learners and alumni should
be able to utilize the content,
regardless of location
Maintenance fees are a no-go
Abundance of invoicing options
Permission for faculty to deposit in IRs
a necessity
Allowing non-members into
agreements.

18. GWLA’s “Line(s) in the Sand(s)”
GWLA will not accept any license or
contract that limits our ability to utilize new
technology as it is developed.
ILL rights will not be waived-regardless of
format
◦ Particular wording “utilizing the prevailing
technology of the day”
CONTU language will not be entertained,
licenses must allow Fair Use
Fair and easy licenses

19. http://www.niso.org/workrooms/seru/

20. SERU is a NISO recommended practice
◦ (RP-7-2012) which should be considered a
“best practice” or “guideline”
Originally released in 2008 focusing on
electronic journals
◦ directed towards librarians and publishers
Updated in 2012 recognized the need to
make acquiring e-books more flexible.
◦ E-books providers are more than just the
publishers libraries know and love
◦ Consensus for other types of E-resources
transactions not as well established
(NISO RP-7-2012 Forward, pg. iii)

21. What SERU Is:
Common sense approach
◦ Shared values/vision of e-content products
Articulates standard business practices
No license requires as Copyright Law
governs use (just as it does for print)
Go to the SERU registry and sign-up
(http://www.niso.org/workrooms/seru/registry/)
◦ simple
◦ Fast (2-3 minutes MAX), sometimes same day
access!

22. What SERU is NOT
NOT A LICENSE NOR CONTRACT!!!
No need of months and months of
contractual/licensing negotiations
Pages and pages of contractual legalese
CC image, courtesy of onesecbeforethedub Flickr
Will make both librarian and publisher jump for joy!

23. Invoking SERU
Go to the SERU registry and see if the
publisher/e-content provider has registered
If registered, contact provider and just state that
you are utilizing SERU (email is great!)
◦ Some institutions like to have a conversation with
provider to have shared set of expectations
◦ If provider is not registered, urge them to consider
SERU and register
Send purchase order to provider with SERU noted
Give access to your users!
Life is GOOD!

24. Thanks!
Anne E. McKee, MLS
Anne@GWLA.org

25. David Celano
Vice President, Library Sales – US/Canada
August 13, 2014
Licenses. Licenses? License!
The Publisher to Consortia relationship

26. History of licenses at Springer: an evolution
•~10-15 years ago started using licenses
•8 years ago, establishment of License Control department
•~5 years ago significantly simplified license:
⁻ Significantly shorter than prior document
⁻ One T&C that applies to all future purchases
⁻ Product licenses that reference this T&C
o Previously included T&C = a lot more prior negotiation/work

27. History of licenses at Springer: an evolution…continued
•~ 5 years ago we also adopted SERU
⁻ Unfortunately, we still require a signed document
⁻ Note that our license is very similar to SERU clauses
• Time/resource drain
⁻ Currently 7 person team for the Americas
⁻ ~30 sales people so roughly 4:1 sales to sales support
⁻ Needs to continue to evolve

28. Why licenses?
•Great question!
•Any issues are 99.9% of the time resolved without need for legal action
⁻ I don’t recall any legal issues with Springer
•Record of exactly what was purchased – a good thing
•What do I really think about licenses? I could do without them

29. But in the meantime, consortia licenses
•Licenses with consortia make things simpler on our end
⁻ Hopefully for the libraries as well
•Why?
⁻ Often can get a PO and bill immediately and provide access
⁻ Dealing with less licenses!

30. Cool items in our licenses
•No DRM
•Liberal eILL
•Hopefully a promise that I could keep: coming soon = TDM

31. Items that often require negotiation/further conversation
•Jurisdiction
•Confidentiality
o FOIA
•Indemnification

32. What’s next?
•Current experimentation with electronic license with clause explanations
•Docusign
•Contract generator
•Future click through?
•Continued evolution and simplification or just the beginning of more
complicated times?

33. David Celano
Vice President, Library Sales – US/Canada
david.celano@springer.com; 212-620-8419
Thank You!

34. NISO Webinar • August 13, 2014
Questions?
All questions will be posted with presenter answers on
the NISO website following the webinar:
http://www.niso.org/news/events/2014/webinars/licensing/
NISO Webinar:
Streamlining and Simplifying:
Advances in Consortial Licensing

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