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Charleston   licensing e content 2011

Charleston licensing e content 2011






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Charleston   licensing e content 2011 Charleston licensing e content 2011 Presentation Transcript

  • LicensingElectronic Content Negotiating with Vendors: Being Prepared2011 Charleston Conference
  • What’s a License?• Sanction granted by one party to another to perform activities that are otherwise not permitted or clearly defined• Legal instrument establishing rights of BOTH parties• A contract; an agreement• Consists primarily of: • A body, with general terms/conditions • Appendixes/Attachments/Schedules, Exhibits addressing
  • Why Sign A License?“A verbal contract isn’t worththe paper it’s printed on.” Samuel Goldwyn“Trust everybody, but cut the cards.” Finely Peter Dunne“Those who trust in chance mustabide by the results of chance.” Calvin Coolidge
  • Some Other Reasons• To affirm rights/privileges and define limits; to protect against abuse• To specifically detail obligations • Traditional law/custom may not cover all relevant issues • Specific allowances may be available, but not defined elsewhere• License supersedes other instruments (eg, if license prohibits ILL, licensee cannot claim right under “fair use”)
  • Preparations: Know Thyself• Confirm access is necessary • Do you have it via an aggregator, or a consortium? • Is it available for free (eg, Project Gutenberg) and is that platform acceptable?• Do you hold current or previously-published volumes, or is it a new order? • May affect back-file access privileges or pricing• Have IP range on-hand, or where vendors can get it • IP info should be kept up-to-date • Know IP number(s) of your proxy server• Know your internal selection/licensing process • Do you prefer to pay directly or via an agent? Consortium? By credit card? • Are your subs consolidated or spread out – and how will this be tracked? • Who executes the agreement?• Have institution’s contact points on hand • Billing, technical issues, content decisions, etc• Know to which Shibboleth federation your institution belongs• What/how many sites are included?• Know your link resolvers• Does your institution use SERU?
  • Preparations: Know Thy Vendor• Confirm if/where content exists online• Preview providers license/terms and conditions • Sales issues, terms/conditions may be in different documents • May have different licenses/terms for books and journals • Watch out for click-throughs• Will they bill through your subscription agent(s)?• Find out who has final say over prices, terms• Get contact names • Primary and back up • May be different contacts for tech support, customer service, etc• Does the vendor use SERU?
  • Permitted Uses• Upload to course management systems? • Content itself or links?• Print/download to personal devices? • Limits on number of pages or copies?• Satisfy ILL requests (and how?) • Email? Print? Print/Fax?• Email amongst authorized users? • Content or links?• Commercial vs non-commercial use • Are additional permissions required?
  • Service• MARC records supplied? How?• Statistics available? How? • COUNTER-compliant? SUSHI?• Notices of downtime• Participating in discovery services? • Not A/I, but web search optimization
  • Access• Authentication • IP ranges vs passwords• Concurrent use restrictions • More common in database agreements than primary content licenses• DRM (primarily an e-book issue)• Point of access • Who controls access/data – publisher or third party host? • Still the licensors responsibility to ensure uptime/service• Post-cancellation rights • Via local media or servers? Third parties? Publisher’s website?• Proxy servers permitted? • Important for remote access• Back-file access -- included? Or available for an extra fee?• Long-term access/preservation • CLOCKSS, LOCKSS, Portico
  • $$$$$$• Can you swap out little-used/unwanted content for other material? • Reduced fees for non-subscribed materials?• Rent to own?• Different fees for single vs multiple users?• Perpetual access -- extra?• Back-files -- included or extra?• Single titles vs collections• Multi-site (system/consortial) discounts available?• Lease vs purchase
  • Legalese• Breaches (resolution, remedies)• Confidentiality• Definitions • What’s a Site? A User?• Governance• Indemnity clauses• Notification• Obligations• Term• Termination• Warranties/representations
  • Final Observations• Negotiations require information and patience • Understanding your institution’s/group’s strategy/needs regarding e-content • Know what’s negotiable – and what’s not • Don’t negotiate piecemeal: think big picture • Be aware of the vendor’s requirements/objectives• Goal is a MUTUALLY-agreeable license • Negotiations shouldn’t be acrimonious or personal, even if they are adversarial• Don’t be afraid to ask or explanations of anything• “If you don’t ask, you don’t get” (attributed to Gandhi)
  • Some resourceshttp://www.licensingmodels.comhttp://www.niso.org/workrooms/seruhttp://www.licensingdigitalcontent.blogspot.comhttp://www.licensingdigitalcontent.blogspot.com“A Licensing Survival Guide for Librarians” http://www.informaworld.com/10.1080/15424060902932201National Network of Libraries of Medicine http://nnlm.gov/mar/rsdd/elicense.html
  • Contact InformationAdam CheslerDirector of Library RelationsBusiness Expert Press571-CHESLER (571-243-7537)adam.chesler@businessexpertpress.com