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NISO Webinar: Streamlining and Simplifying: Advances in Consortial Licensing

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About the Webinar …

About the Webinar

The process of license negotiation has always been a tortuous one for both publishers and librarians. Librarians have begun to leverage their strength in numbers and to simplify the process of license negotiation through the use of consortial licenses that cover more than a single institution. The use of consortial licensing, the terms and conditions, and the ease in which they can be negotiated and implemented continue to evolve.

This webinar will explore some of the developments in consortial licensing and will look at new directions and ways to improve the processes.

Agenda

Introduction
Todd Carpenter, Executive Director, NISO

Starting Point: Using Model License Templates to Streamline License Negotiation and Contracting
Christine Stamison, Director at Northeast Research Libraries Consortium

Using SERU (Shared Electronic Resources Understanding) in Lieu of a License
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

The Publisher-to-Consortia Relationship
David Celano, Vice President, Library Sales, Springer

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  • 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
  • 35. Thank you for joining us today. Please take a moment to fill out the brief online survey. We look forward to hearing from you! THANK YOU