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Model Licenses and License Templates: Present and Future
 

Model Licenses and License Templates: Present and Future

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This program will first review standard model licenses we have available in the field, including models such as LicensingModels.org and LibLicense, plus institution-specific licenses available online ...

This program will first review standard model licenses we have available in the field, including models such as LicensingModels.org and LibLicense, plus institution-specific licenses available online (permission will be obtained). The licenses similarities and differences will be compared, and strengths and weaknesses will be highlighted. Next, the program will review steps and best practices for creating a License Template at your institution, with standard language that you can use in negotiation for your licenses. The last segment will be interactive, gathering feedback from attendees about where our model licenses have gaps, including what formats or kinds of purchases require new language that has not yet been standardized (such as ebooks and streaming media), and gather suggestions for developing these as a community for the future, creating a new model license that we all can draw from.

Liane Taylor
Continuing Resources Librarian, Texas State University-San Marcos
San Marcos, TX

I have served as the Continuing Resources Librarian at Texas State University-San Marcos since 2009. During my tenure, I have created an institutional license template and begun work on new, standardized terms not currently found in our model licenses. I also negotiate system-wide licenses with major publishers. I've been negotiating licenses within libraries since 2005.

I believe we need to work as a community to continually develop standard terms to use within our licenses and consider the challenges that new formats, new purchasing arrangements, and new legal cases present to us.

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  • FIRST, DO NOT REINVENT WHEEL. Start with Liane’s template provided at: Next, consider how you work, access needed, function, & format:Does it need to be shared?How do you want to use it – checklist? easily copy/paste?Consider ease of keyword searching, navigation What would work best for you – spreadsheet? PPT? record in ERM? database? Word doc with headings? Google doc? Evernote? Webpage?Choose format, convert & update with institution-specific wording, needs, etc.Does your IT division have language reqs. already but no one told you?Are there state laws?Are there any institutional/system-wide policies that you need to consult?Review model licenses to customize & update.
  • Alumni: Some career-related resources may offer alumni access; your IT may be offering alumni access to all your resources for 3 mos post-graduation, but you don’t know it; some institutions now licensing/paying for alum accessNew Vendors: Worried about contractors working at other institutions; trying to over-determine/micromanage use
  • Copyright Crash Course, Copyright in the Library - Making Copies: Archiving, Georgia Harper, Univ. of Texas Libraries, http://copyright.lib.utexas.edu/l-108abc.html

Model Licenses and License Templates: Present and Future Model Licenses and License Templates: Present and Future Presentation Transcript

  • Model Licenses & LicenseTemplates: Present and FutureLiane Taylor, 6.7.13ltaylor@txstate.eduPhoto Credits on last 2 slides. Thanks Compfight!
  • ME:• ~8 years exp• Trial by fire• CIP Adv. Licensing, 2011WHERE I WORK:• State university• ~28k FTE• Emerging research• Flagship
  • I. Creating or UpdatingLicense Guidelineswithout Reinventingthe WheelII.Model Licenses:Wherefore & WhitherIII.The New NormalIV.Working Together &Moving ForwardGOALS
  • • Stop hunting for thatwording you used once!• Consistent verbiage• Share with colleagues• Use as checklist
  • CC: D Sharon PruittThe wheel has been invented: don’t start from scratch!Consider Workflow, Access, Function to choose formatReview model licensesInclude institution-specific needs
  • Download Guidelines template at:http://tinyurl.com/comparelicensesEx. Always; As needed; Pending
  • Example: Authorized Users
  • • LIBLICENSE (2008)• NERL (11/2012)• Licensing Models (10/2009)• California Digital Library (2011)• Florida Virtual Campus (2013)– Set of guidelines w/sample clausesModel Licenses
  • http://tinyurl.com/comparelicenses
  • WHEN EXCEPTIONS BECOME THE RULE
  • • Text Mining• 3rd Party Usage Statistic Collection• Cloud Hosting of Software• Repositories• Perpetual Access & Completeness• Streaming Video (3rd party & self-hosting)• Fair Use• E-Reserves (perennial)• E-Books• Mobile Devices/Downloading• More click-thru agreements• More attention to ADA
  • We need to stop licensing in silos! How canwe share what’s not working & new stickyissues with each other, as a community?
  • Do we need [new, revised]standard language for…
  • Auto-renewal• Should no auto-renewal be the newstandard?• Instead of auto-renewal, how about:This Agreement may be renewed upon mutualagreement of the parties in writing.
  • Authorized Users Issues• Alumni: Career Services resources givingaccess; IT/University may grant alumni accessfor 1 semester post-graduation; license someresources for alumni use?• New Vendors: Nervous about licensing tolibraries; different conceptions of “authorizedusers”; protective; try to micromanager users
  • Ex: Non-Institutional UseWhat the Heck?• Non-institutional use(including by faculty,staff, affiliated researchersand independentcontractors), includingthose located at differentlocations, but withinLicensee’s company orrelated or affiliatedcompanies, shall not beconsidered AuthorizedUsers.Solution(ish)• Use is limited toeducational, scientific,and researchpurposes forLicensee’s institution.All other uses areprohibited.
  • New Issues w/ Authorized Uses• Absurd micromanagement• Loss of rights• Requirement to over-specify specific uses• New uses/rights– Repository rights *NERL– Text mining *NERL, LM– Use on websites/promotional materials– More complicated archival/preservation needs– Rip -> Stream on Secure Server– Cloud Hosting/Distribution
  • New Standard Needed?Images, Promotional Use• When license e-resource w/images, dowe need to specify thatimages can be used onwebsites & inpromotional materials,as well as foreducational use/classpresentations?• Authorized Users(NOTE: no walk-ins)can use images fromLicensed Materials onuniversity websites, inemails, and withinnews publications topromote events,services, and resourcesas long as the productcontaining the image isnot sold [forcommericial use/profit].
  • Licensing Images for Locked-DownTablets…Is this a new thing?Additionally, Licensee will have thecapability to download and store the imagesonto devices within their lab. The devicesand images will be in a securedenvironment, and will allow for noadditional wifi access, printing, copying ortransmission of any sort. These images willbe view-only. These images will be subjectedto the same rules as referenced in 2.4 of thisdocument.
  • Backup Copies of Mp4s:108c is not your friend!“The right to archive under subsection (c) (forpublished works) applies only to replacementof a damaged, deteriorating, lost or stolen copy,or when the format of the recording hasbecome obsolete, and then only when areasonable effort to locate an unusedreplacement at a fair price or a device thataccommodates the format has provenunsuccessful!” - Copyright Crash Course,“Copyright in the Library - Making Copies:Archiving”, Georgia Harper, Univ. of TexasLibraries
  • …but how to say…?Licensee is authorized to make such further copies inperpetuity as it may deem necessary for purposes ofarchival preservation, refreshing, or migration, includingmigration to other formats, so long as the purpose ofsuch copying is solely for continued use and/or archivalretention of the data and does not violate or extend theuse rights contained in this Agreement. (NERL)The Licensor shall allow the Licensee to participate in thearchiving of one complete copy of the LicensedMaterials, and to use such archived Licensed Materials inthe event the original copy is scratched, broken, orotherwise made unplayable in the normal course of use.(Alternative?)
  • Do our completeness of contentclauses need more teeth?
  • Defining Reasonable Amount• Vendor: “Reasonable Amount” shall meannot more than 10% of the content containedin the Licensed Materials.• Proposal: The term “reasonable” as it relates toamounts of licensed material subject to copying,duplication, or dissemination by licensee and itsusers will be determined on a case by case basisusing the four Fair Use analysis factors ascodified at 17 United States Code Sec. 107.
  • Licensee can distribute the software via acloud platform to workstations located onthe primary and satellite campuses, withappropriate security ensuring that access isnot granted to other locations orinstitutions.Cloud Platform Distribution
  • Clinging on to single-site.
  • And be 5’3” feet tall with red hair…Authorized Users must be those users whoare using the Licensed Materials forlegitimate educational purposes, whether asa mental health professional in training or aspart of other relevant Licensee-approvededucational courses or assignments.
  • The Licensee shall encourage AuthorizedUsers to view the Licensed Materials in asprivate an environment as possible, and outof sight or hearing range of unauthorizedusers as reasonably practical.
  • The Licensed Materials are composed of streamingvideo. The transcripts of the verbal video content aremade available only as an aid to facilitate use andcomprehension of the video content and shall not beconsidered the equivalent of a book, journal or otherprint product. As a result, by this Agreement, theParties agree that such transcript text included in theLicensed Materials is not primary reading materialnor intended for use as primary reading materialand as such may not be copied in whole or in partunder Fair Use provisions.
  • for each Online Product, copy and paste one chapter ofeach title in the collection in question, or up to 5% ofthe pages from the total collection, whichever is thegreater, for personal use only, during any given four-week period, unless otherwise stated in the Terms ofUse for that particular Online Product;(iii) for each Online Product, make printed copies ofone chapter or up to 20% of the pages from the totalcollection, whichever is greater, for personal use,during any given four-week period, unless otherwisestated in the Terms of Use for that particular OnlineProduct.
  • Allow Authorised Users to download the OnlineProducts to a maximum of 5 hand held devices fortheir personal use only provided that the limitsdetailed in clause 3(b) below continue to apply.Notwithstanding the above, whilst the Publisherpermits the use detailed in this sub-clause (v), Youand Authorised Users acknowledge that thePublisher makes no warranty as to the OnlineProduct(s)’s suitability for or use on such handheld devices and the Publisher expressly excludesall liability towards You and Authorised Users inthe event that the Online Products do not functionproperly or at all on such hand held devices
  • Help with LIBLICENSE, Licensing Models?How? What’s needed and/or what’s not working?Shared collection of exceptional clauses?How can we work together instead of each alone?
  • Liane Taylor, ltaylor@txstate.edu
  • Photo Credits• Slide 1: D Sharon Pruitt, Free jumbled type texture for layers free creative commons,http://www.flickr.com/photos/40645538@N00/3020250442/, © 2006-2013 Pink Sherbet Photography,License: http://creativecommons.org/licenses/by/2.0/• Slide 2: Trois Têtes (TT) , Hi, http://www.flickr.com/photos/33286810@N00/2097531807/, License:http://creativecommons.org/licenses/by-nc/2.0/• Slide 3: Corscri Daje Tutti! [Cristiano Corsini], Malinconia. Lultima partitella (the last match of thesummer), http://www.flickr.com/photos/33399095@N00/1320198723/ License:http://creativecommons.org/licenses/by-nc-sa/2.0/• Slide 4: Todd Ehlers , Where I Teach, http://www.flickr.com/photos/47325272@N00/2541408630/,License: http://creativecommons.org/licenses/by/2.0/deed.en• Slide 5: D Sharon Pruitt, Free Traffic Signal Arrows on Dark Cloudy Sky Creative Commons Go Ahead,http://www.flickr.com/photos/40645538@N00/2239333594/ , © 2006-2013 Pink Sherbet Photography,License: http://creativecommons.org/licenses/by/2.0/• Slide 8: Claudio.Ar, On the road again ... / De nuevo en el camino ...,http://www.flickr.com/photos/8991878@N08/3354840032, License:http://creativecommons.org/licenses/by-nc-sa/2.0/• Slide 12: Gord McKenna, There was only one rule,http://www.flickr.com/photos/23196822@N00/315490873/, License:http://creativecommons.org/licenses/by-nc-nd/2.0/
  • Photo Credits• Slide 17: Wolkman-K, The Safety, http://www.flickr.com/photos/9948642@N05/3673428383/, License:http://creativecommons.org/licenses/by-nc/2.0/• Slide 24:Nora Arias Loftis, Go ahead; make my day,http://www.flickr.com/photos/19136940@N00/275356843/ License:http://creativecommons.org/licenses/by-nc-nd/2.0/• Slide 26: kevin dooley, Sky symphony, http://www.flickr.com/photos/12836528@N00/5192063662/,License: http://creativecommons.org/licenses/by/2.0• Slide 27: SuperFantastic, regret, http://www.flickr.com/photos/35423169@N00/31545146 License:http://creativecommons.org/licenses/by/2.0• Slide 34: Fabrizio Sciami , http://www.flickr.com/photos/57688343@N00/1578087736/, License:http://creativecommons.org/licenses/by-sa/2.0/• Slide 37: Vern Hart, DSP 147: Thank You! 2007-10-11,http://www.flickr.com/photos/37183619@N00/1574355240, License:http://creativecommons.org/licenses/by-nc-sa/2.0/