Electronic resource negotiation and licensing SANLiC 2013


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  • Ed Brodow / Jed R. Mandel / SUE BARRETTThink / Pair / Share – Think of an example of a successful or failed negotiation that illustrates one of these best practices
  • What are some things that libraries want (other than a lower price?)If you’re not prepared at the start, take what you’ve learned and get that way
  • 1) For me: this often comes as a Shut up and listen! From my mentorthe other negotiator will tell you everything you need to know examples
  • 2) …for more than you think is reasonable or possibleExamples?Wiley Ebook discounts, Nature PPV
  • Time may be the librarian negotiators best friendExample of patience paying off?My first salarynegoation,
  • 5) There’s no substitute for discussionLeads to relationship and partnership, discovery of both parties needs
  • 6) Meet in the middleA good value at a fair priceIf one didn’t have the other, they’d fall off! Aggressive negotiations –what happens if one tries to push the other off?
  • 7 Be willing to walk away, have a plan b / exit strategyExamples?AAAS Science
  • 8) Don’t take it personally
  • The Dear Vendor Letter, do homework, aim high, meet in the middle, willing to walk away
  • Use Publisher A data foconcnce publisher B to lower their subscription price, or vice versa to get A to lower its purchase price
  • listenting
  • Practical applications
  • Electronic resource negotiation and licensing SANLiC 2013

    1. 1. Key negotiationtechniquesSANLiC Negotiation & Licensing Workshop 2013-05Jason Price, PhDInterim Director, Claremont Colleges LibraryE-resource Consultant, Statewide Calif Electronic LibConsortium
    2. 2. Negotiation1. is a basic means for getting what you want fromothers2. occurs when there are differences between theneeds of the buyer and seller3. is a “back and forth”, “give and take” processwhich often involves a “compromise” - asettlement in which each side gives somethingup in order to gain something else• Pricing negotiation seeks to reach equilibriumbetween what the vendor charges and what ourlibraries are willing to pay• License negotiation seeks to reach equilibriumbetween the ideal terms for the library and theideal terms for the vendor
    3. 3. Minisurvey: Our negotiation experienceFrequency of vendor negotiationAt least once a yearAt least once a quarterAt least once a monthNegotiation typeMostly licensingMostly pricingAbout equalSelf assessment of negotiation skillAbove averageAverageBelow average
    4. 4. Two common stylesWar Room: „Win-Lose‟More common at the consortium levelEspecially among all or nothing consortiaMay lead to better prices in some casesNot likely to lead to collaborationScott Boras, New Yorker 29-Oct-07Compromise: „Win-Win‟More common at the library levelBuilt on relationshipsShapiro, Power of Nice, how to negotiate so everyonewinsGetting to Yes, by Roger Fisher and William Ury, HarvardNegotiation Project
    5. 5. Negotiation techniques:Do‟s and Dont‟sEd Brodow / Jed R. Mandel / SueBarrettHighly unscientific web search for top 10negotiating tipsConventional wisdom that‟s surprisinglyhelpfulOur first workshop exercise…
    6. 6. 1. Do your homework / Be prepared (4)2. (Shut up and) Listen (3)3. Aim high… Don‟t be afraid to ask… (4)4. Don‟t be in a hurry… Be patient (3)a. Don‟t make the first move (1)b. Don‟t accept the first offer (1)c. Don‟t negotiate against yourself! (2)d. Focus on the other side‟s pressure5. There‟s no substitute for discussion (1)6. Meet in the middlea. Make sure both parties needs are satisfied (2)b. Don‟t make unilateral concessions (2)7. Be willing to walk away – have a plan B (3)8. Don‟t take issues or other person‟s behavior personally(1)
    7. 7. PrepareDo your homeworkKnow what you want!
    8. 8. http://www.theauroracrossing.com/wp-content/uploads/2013/04/listen.jpgAskquestions……you already know the answerto!
    9. 9. Used withoutpermission…Don‟t be afraid to ask…
    10. 10. http://goo.gl/axfyccommons.wikimedia.org
    11. 11. Used without
    12. 12. commons.wikimedia.org http://goo.gl/LVdn0
    13. 13. http://t3.gstatic.com/images?q=tbn:ANd9GcQHUAjV1VXB-dZiSThyEWtmkzUIR_sJZG9IZKI1s0P8APHgoAnk_Mr0MAcommons.wikimedia.org http://goo.gl/FZhVa
    14. 14. Additional notesPractice, Practice, PracticeFind a mentorRemember than „No‟ is the right path to „yes‟!Humor is a crucial ingredientUse data!Look for opportunities to negotiate, they‟reeverywhere!
    15. 15. Practical ApplicationsMaking the most of a budget crisisSubscriptions vs PurchaseAccess feesEbook shared archive packagesIntractable negotiations
    16. 16. Ebook collectionsubscription vs purchasePublisher A Publisher BTotalspent
    17. 17. Access fees*Access Fees: think about the long termcostsaccess fee increase capswhat are you paying for?repurchase pointAt least 20 yearsEquivalent to break even point for a $40 book20 years at $2/yr
    18. 18. Ebooks - Know the publisher Profit & Losscalculations2 years after a book is published, the expectedsales drop to zeroBackfiles should be incredibly cheap
    19. 19. Other practical applicationsDon’t pay until you have what you wantSoftware under developmentAnnual access list updatesLicense negotiations!Use peer pressure - what do other companies do?Case study: Journal backfile pricing (per page)Case study: Readex annual access feesHold off for a better dealWrong Model: Proquest‟s New York Times indexUnsettled pricing: ebooks and simultaneous userestrictions
    20. 20. When no is the onlyacceptable answer3x price increase
    21. 21. Think outside the listConverting Elsevier‟s Unique title list to a Sharedtitle listPrice JS. 2006. Making the most of a "big deal”Charleston conference proceedings, 2005
    22. 22. Questions?http://visualcv.com/lpq4t1s
    23. 23. SANLiC N&L Workshop part2: Essentials of LicensenegotiationI. Applying the checklist & SANLiC model license(60m)a. Review checklist and highlight model license (10m)b. Use checklist to evaluate sample license (10m)c. Groups improve language for key sections (20m)d. Groups report their results (20m)II. Aggregator Ebook access & usagepermissions (35m)a. Individual review of EBL terms (10m)b. Paired discussion of observations (10m)c. Sharing, Q&A and discussion
    24. 24. My Perspective &Assumptions Your library is extremely unlikely to besued over license terms Licenses should be used as tools toachieve our ends It is appropriate to focus on key terms& skip most of the “legalese”
    25. 25. Licensing essentials1-2-3① Which researchers are authorised?② What can authorised researchersdo?③ What is your library responsible for?
    26. 26. ① Which researchers areauthorised? Relatively standard◦ Faculty / Students / Staff on-campus◦ Walk-in Users◦ Faculty / Students / Staff off-campus◦ Alumni off-campus When available, usually requires an additionalfee Q: Has anyone considered negotiating for 1year free off campus access after graduation?◦ Restricted simultaneous use How are they authorised?◦ IP Range, proxy server, Shibboleth◦ Geolocation: a potentially emerging
    27. 27. ② What can researchers do with the content?Standard Less Common Access, Browse, view Print Save Use in Reserves Access after subs‟ ends [Send via Secure ILL (butfor ebooks?…)] Scholarly sharing Email ILL Course packs Share/create links tocontent
    28. 28. ③ What is the library responsiblefor? Maintaining its budget? Predicting the future? Researcher behavior? Communicating license terms?✔✔
    29. 29. License evaluation Checklist Indication◦ (AE) Allowed explicitly◦ (AI) Allowed [interpreted]◦ (S) Silent◦ (XI) Prohibited [interpreted]◦ (XE) Prohibited explicitly
    30. 30. Model License Review (10m) Review terms and highlight thoseincluded in the checklist
    31. 31. Sample license review (10min) Note that sample license includes 2licenses◦ Terms of Sale & Access agreement Apply checklist to sample license
    32. 32. Group exercise (20 min) Each person take a few minutes toreview the section in the sample license:◦ What‟s present that you object to?◦ What‟s absent that you require? Work as a group to◦ Decide which term(s) to tackle◦ Improve the terms staying as close to theoriginal as possible – We‟ll share with thewhole group
    33. 33. EBL License reviewI. Aggregator Ebook access & usagepermissions (35m)a. Individual review of EBL terms (10m)a. (not on the checklist…)b. Paired discussion of observations (10m)c. Sharing, Q&A and discussion
    34. 34. Questions?http://visualcv.com/lpq4t1s