The licensing lifecycle: from negotiation to compliance
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The licensing lifecycle: from negotiation to compliance

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The license negotiated at the beginning of the electronic resource life cycle impacts access to the resource throughout the life cycle. To simplify the negotiating process, ensure that terms favorable ...

The license negotiated at the beginning of the electronic resource life cycle impacts access to the resource throughout the life cycle. To simplify the negotiating process, ensure that terms favorable to the library are included in the license and that the license complies with Texas A&M University(TAMU) and State of Texas regulations, the library developed a licensing checklist. As a way to make completed licenses more accessible, TAMU uses the electronic resources management system CORAL to store license documents and terms. This presentation will look at the TAMU’s licensing process, the creation and evolution of TAMU’s licensing checklist and how CORAL is used to share license details. Despite our best efforts, the occasional license breach does occur and so this presentation will also look at some examples of breaches and the steps TAMU takes to resolve these breaches so that access can be restored as quickly as possible.

Presenters:

Eric Hartnett
Electronic Resources Librarian, Texas A&M University

Jane Smith
Coordinator of Electronic Resources, Texas A&M University

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The licensing lifecycle: from negotiation to compliance The licensing lifecycle: from negotiation to compliance Presentation Transcript

  • The Licensing Lifecycle: From Negotiation to Compliance EricHartnettandJaneSmith TexasA&M UniversityLibraries May 3, 2014 NASIG 29th Annual Conference Ft. Worth, Texas
  • Agenda • Overview of Texas A&M University • Licensing Process • License Agreement Checklist • Difficult Negotiations • CORAL and Licenses • Breach of Licenses • Resources
  • Texas A&M University • Founded in 1876 • Research Intensive • Sixth largest university in the nation • Part of the Texas A&M University System
  • Texas A&M University Libraries • Spent approximately $12 million for electronic resources in past two years for • 800 databases • 85,000 e-journals • 400,000 e-books • Ranked 9th in expenditures for electronic resources among ARL libraries in 2010-2011 survey
  • Electronic Resources Licensing (ERL) Team • Coordinates and tracks negotiations of licenses for all electronic resources • Seven of eight members process licenses • Bring in stakeholders in other library departments when needed • Track through monthly meetings, WIKI page, Contract Status Spreadsheet, spreadsheets for cyclical funding opportunities
  • Licensed Resources • Fiscal Year 13 – 62 licenses processed • Single e-journals • Single e-books • Journal packages • E-book packages • Databases • Datasets • Single DVDs • Streaming Videos • Services
  • Licensing Process – Step 1 - Checklist • Librarians negotiate pricing and terms relevant to library • Use License Agreement Checklist • List of clauses common to licenses for electronic resources • List elements that could be included in clauses
  • Basic Information ☐ Site license ☐ Multi-site license ☐ Lists sites covered by license ☐ Lists IP ranges (preferably referenced and appendixed) ☐ Name of resource and/or title lists included ☐ Payment, fee schedules, cost of contract specified
  • Mode of Access ☐ IP Authentication (preferred) ☐ Single username/password, shared ☐ CD-ROM on secure network ☐ Remote Access/EZProxy
  • Authorized Users ☐ Current faculty , staff and students ☐ Walk-in users ☐ Visiting scholars and researchers
  • Authorized Uses ☐ Print ☐ Download ☐ Email ☐ Text Mining ☐ Transmit to third party colleague an electronic or hard copy of minimal, insubstantial amounts for personal, scholarly, educational or scientific research or professional use, but not for resale ☐ Use brief excerpts, figures or tables with appropriate credit in Authorized User’s own scientific, scholarly and educational works
  • Interlibrary Loan ☐ Allowed ☐ Not Allowed Type ☐ Electronic transmission of an electronic original (preferred) ☐ Electronic transmission of a paper copy of an electronic original ☐ Electronic , fax or mail transmission of a paper copy of the print original (acceptable)
  • Electronic Reserves ☐ Allowed ☐ Not Allowed Type ☐ Incorporate links in electronic reserves ☐ May store in electronic format in electronic reserves.
  • CoursePacks and Course Management Systems ☐ Allowed ☐ Not Allowed Type ☐ Incorporate links ☐ May download, print, and distribute to students
  • Renewal/Termination ☐ Automatic Renewal ☐ Length of license term defined ☐ Cancellation terms defined ☐ Bailout Clause for Multiyear license
  • Perpetual access ☐ Yes ☐ No Format: ____ ☐ Ongoing Access Free of Charge ☐ Ongoing Access with reasonable Annual Fee ☐ Transmit Files to be Locally Hosted ☐ Member of dark archive
  • Other clauses ☐ ADA Compliant? ☐ Content changes? ☐ Usage statistics? COUNTER-compliant? ☐ MARC records? ☐ Amendments? ☐ Add campuses? ☐ Add content?
  • Strike or qualify* ☐ Indemnification ☐ Non-disclosure Clause ☐ Arbitration/Dispute Resolution Statement ☐ Governing Law *”TAMU agrees to the foregoing provision to the extent authorized by the Constitution and laws of the State of Texas.”
  • Dealbreakers ☐ Access is through single username/password, not shared ☐ Access is through an email format ☐ Must destroy all materials upon termination of the contract ☐ Must monitor patron use ☐ Must keep full and up-to-date patron records ☐ Must supply patron records to licensor upon request
  • What happens when…negotiations fail • Add note for our Contract Administration Office • Walk away • Subscribe anyway
  • Difficult Negotiations • “…shall only be accessed on designated university equipment.” • “Client is also subject to the third party provider restrictions found at www.thirdpartyterms.com.” • Honoring negotiated inflation cap
  • Difficult Negotiations, cont’d. • Click-through license • No references to the laws of any state or country • Multisite license for 3 sites located on the same campus • 8 months, 4 reps, 1 product • No interlibrary loan of a purchased, physical item
  • Licensing Process Step 2 - Completion • Send contract to library business office for signature • Dean’s signature • Under $5,000 • Contract Administration • Contracts over $5,000 • Office of General Counsel • Contracts over $50,000
  • Licensing Process Step 3 - CORAL • Adding licenses to CORAL • Store all licenses, amendments, addendums, and related documents in one place • Pull out clauses making it easier for staff not accustomed to reading licenses • Compare clauses across all licenses • Display licenses that are up for renewal
  • Licensing Process Step 4 – Compliance • Breach of license • Excessive downloading – amount • Systematic downloading – speed • Vendor notifies me of possible violation • I reply • Apologize for alleged violation • Promise to investigate incident • Report findings to publisher • I forward vendor’s email to library’s IT department
  • Contact Procedures • NetID Identified – • Send email notifying user of excessive activity using his/her NetID • Use template • Request explanation • Follow up if required • Department Identified, but not NetID • Request Dept. Head’s help • Report results and explanations to Vendor
  • Examples • Annual Reviews – attempt to download 42 years of Fluid Mechanics to take to home country • OnePetro – downloaded 1,081 articles in a 24 hour period, visiting scholar – president of foreign university • Association for Computing Machinery – research project involving Google attack
  • Examples • Elsevier – User’s account hacked, abuse originating overseas • Illegal sharing of NetID and password • Safari Books – triggered by url validity check in Voyager
  • Sample Licensing Documents • Library-community CORAL Management module: • http://coralshare.library.tamu.edu • Documents available • Licensing Checklist • Sample Letter to Possible Offender • Sample Letter to Department Head
  • Resources • Licensing Digital Content: A Practical Guide for Librarians, 2nd Edition, Lesley Ellen Harris, American Library Association, 2009 • Negotiating Licences for Digital Resources, Fiona Durrant, Facet Publishing, 2006 • Interpreting and Negotiating Licensing Agreements, Arlene Bielefield and Lawrence Cheeseman, Neal-Schuman Publishers, Inc. 1999
  • Questions?