What\'s in a licence? Model licences and managing the terms and conditions.
Presentation delivered by invitation at the Association for Subscription Agents (ASA)\'s event titled \'Licensing and Subscription Management: Challenges to publishers, intermediaries and libraries\', 12 September 2003.
What\'s in a licence? Model licences and managing the terms and conditions.
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What’s in alicence? Model licences and managing the ‘terms and conditions’. Louise Cole Electronic Resources Team Leader University of Leeds
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Overview What’s ina licence? Model licences … … and alternatives Administrative nightmares ... and possible solutions What can subscription agents do? The future
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What’s in alicence? Basic definition: “a legal document giving official permission to do something” The typical model licence (e.g. the JISC/Nesli2 Model Licence) might include …
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Model licences ...JISC Key definitions, of users and other terminology Permitted uses (document delivery and supply, coursepacks, VLEs, etc.) Prohibited uses Undertakings for licensee and publisher Archival rights Additional information (title lists, usage data)
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... and alternativesPublishers can choose to either use a modified ‘model licence’ (changing or omitting certain clauses) Or issue an licence of their own, which may or may not be of a similar format and which might have different definitions and terms/conditions
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Administrative nightmares Everylicence is different! Interpreting ‘legal jargon’ and apparent contradictions Sheer volume of paper Retrieving countersigned documents Conflict – the library offers the service, the provider dictates the terms
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.. and possiblesolutions Make all licences as much like the ‘model’ as possible Ensure definitions are clear and not open to differing interpretation Work with open access projects and pre-print services Accept faxed signatures
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What can subscriptionagents do? Central bank of licence agreements Be proactive – send agreement on to us rather than giving a URL Scope in negotiating service for customers Allow information to be included in Electronic Resource Management Reports
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Practicalities Central licencebank – should this be free to all customers / those with spend over a certain £££? US/EU/UK-centric? What about nesli2 and other consortia arrangements? Administrative load/improved service Does the agent know enough about customer requirements?
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Administration of licences“ To negotiate or not to negotiate?” “ To modify or not to modify?” Leasing resources rather than buying them Model standard licences Work being done in many countries in EU and outside it
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The University ofLeeds approach Hundreds of licences for numerous types of electronic resources – what is in them? The licence audit – reading every agreement and extracting the information we need Making this information available
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The University ofLeeds process Extracting information on do’s and don’t from our licences User-friendly display of this information for library staff Searchable interface Front-end presentation to library customers
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Extracting information Whocan use? What can we supply? What can we make available in VLE? Archival rights ‘ Other areas’, including NHS and commercial use
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The next stageFront-end presentation to library customers : Making available to our customers the whole range of do’s and don’ts Building on general statements already on web pages and screensavers Integration with OPAC? Best ways of doing this currently being investigated
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The future CHESTAgreements Usage Rights survey – taking note of customer needs Open access initiatives The effect on the research library collection Trust in an e-only world; as print disappears
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Contact Louise Cole,Electronic Resources Team Leader (and Library Copyright advisor) University of Leeds [email_address]