This document summarizes a webinar on e-licensing presented by NISO on September 9, 2015. The webinar included three speakers who discussed licensing from different perspectives: 1. Tracy Thompson from NELLCO Law Library Consortium discussed preparing organizations for e-resource license negotiations, including identifying leverage, establishing boundaries, and maintaining relationships with vendors. 2. Abbie Brown from the University of Missouri System provided an overview of common license terms and conditions as well as resources like SERU, model licenses, and the California Digital Library toolkit to help with the licensing process. 3. Stacy Sieck from Taylor & Francis discussed how different types of publishing licenses and copyright options define how others can

1. NISO Two-Part Webinar:
The Practicality of Managing E, Part 1:
Licensing
Wednesday, September 9, 2015
Speakers:
Tracy L. Thompson, Executive Director,
NELLCO Law Library Consortium
f
Abbie Brown, Head, Consortial Resources,
University of Missouri System
f
Stacy V. Sieck, Library Communications Manager, Americas Region,
Taylor & Francis Group
http://www.niso.org/news/events/2015/webinars/licensing_e/

2. PREPARING YOUR ORGANIZATION TO
NEGOTIATE LICENSE AGREEMENTS
T R A C Y L . T H O M P S O N
T R A C Y . T H O M P S O N @ N E L L C O . O R G
NISO Webinar
Part 1: The Practicality of
Managing E-Licensing

3. My experience
 14 years w/NELLCO
 80+ licensed resources for 140+ libraries
 Past Chair – AALL Committee on Relationships with
Information Vendors (CRIV)
 Past Chair - AALL Procurement Special Committee
 Current Member – OUP Advisory Committee
 Member of editorial team for Lib-license Model
License Agreement (MLA) – 2014 rev.

4. Goal of the Day
 To provide tools and resources to support your
negotiation practice.

5. Your current practice
 Personal

6. Your current practice
 Personal
 Family – day-to-day

7. Your current practice
 Personal
 Family – day-to-day
 Business – occasional

8. Your current practice
 Personal
 Family – day-to-day
 Business – occasional
 Car

9. Your current practice
 Personal
 Family – day-to-day
 Business – occasional
 Car
 House

10. Your current practice
 Personal
 Family – day-to-day
 Business – occasional
 Car
 House
 Travel

11. Your current practice
 Professional

12. Your current practice
 Professional
 Daily with co-workers (informal)

13. Your current practice
 Professional
 Daily with co-workers (informal)
 Occasionally over compensation

14. Your current practice
 Professional
 Daily with co-workers (informal)
 Occasionally over compensation
 For the procurement of goods and services, including e-
resources

15. Attendee poll
 Q1- What is your current level of engagement with
negotiation (on average)?
 A1) I'm not involved in negotiation in my current position.
 A2) I'm rarely involved in negotiation as part of my work (less than a
few times each year).
 A3) I'm occasionally involved in negotiation as part of my work
(more than a few times each year).
 A4) I'm regularly involved in negotiation as one part of my work (at
least monthly).
 A5) Negotiation is my primary responsibility in my current position.
 Q2 - How do you feel about negotiating?
 A1) Hate it!
 A2) Neutral. It's one task like any other.
 A3) Like it.
 A4) Love it!

16. Resource #1
 The Librarian’s Guide to
Negotiation: Winning
Strategies for the Digital
Age (2012, Ashmore,
Grogg and Weddle).

17. Traditional definition
 Past experience = ‘conflict resolution,’ oppositional
 Winner/Loser

18. Re-defined
 Mirriam-Webster – “A formal discussion between
people who are trying to reach an agreement.”
 Win/Win

19. Identify and overcome your team’s obstacles
 Lack of skills
 Lack of confidence
 Lack of leverage

20. Identify and cultivate your team’s strengths
 Knowledge of the org’s/users’ needs
 Willingness to walk
 Positive attitude
 Listening
 Ability to see the other side

21. “The ability to see the situation as the other
side sees it, as difficult as it may be, is one
of the most important skills a negotiator can
possess.” (from Getting to Yes, by Fisher and
Ury ).

22. Parallel Thinking
 Six Thinking Hats – Edward de Bono

23. Building and Maintaining Relationships
 Relationship acts as a cushion

24. Building and Maintaining Relationships
 Relationship acts as a cushion
 Five core concerns - Beyond Reason (Fisher and
Shapiro)

25. Building and Maintaining Relationships
 Relationship acts as a cushion
 Five core concerns - Beyond Reason (Fisher and
Shapiro)
 Appreciation

26. Building and Maintaining Relationships
 Relationship acts as a cushion
 Five core concerns - Beyond Reason (Fisher and
Shapiro)
 Appreciation
 Affiliation

27. Building and Maintaining Relationships
 Relationship acts as a cushion
 Five core concerns - Beyond Reason (Fisher and
Shapiro)
 Appreciation
 Affiliation
 Autonomy

28. Building and Maintaining Relationships
 Relationship acts as a cushion
 Five core concerns - Beyond Reason (Fisher and
Shapiro)
 Appreciation
 Affiliation
 Autonomy
 Status

29. Building and Maintaining Relationships
 Relationship acts as a cushion
 Five core concerns - Beyond Reason (Fisher and
Shapiro)
 Appreciation
 Affiliation
 Autonomy
 Status
 Role

30. Building and Maintaining Relationships
 Relationship acts as a cushion
 Five core concerns
 Appreciation
 Affiliation
 Autonomy
 Status
 Role

31. Building and Maintaining Relationships
 Relationship acts as a cushion
 Five core concerns
 Appreciation
 Affiliation
 Autonomy
 Status
 Role

32. Before you begin a specific negotiation
 Have you developed your ‘standard license
agreement?’
 Use your collection development team
 Establish deal breakers/non-starters
 Appropriate authorized users/uses?
 Authentication?
 Limited SU?
 COUNTER-compliant usage stats?

33. Before you begin a specific negotiation
 Have you asked for the pricing model, not just the
price?
 Basis of pricing - #users, FTE (which?), prior print spend, etc.
 Consortium offer?

34. Before you begin a specific negotiation
 Know the players
 Are the decision-makers at the table?
 If not, what is the plan for decision-making?

35. Before you begin a specific negotiation
 Establish your:
 Trip wire

36. Before you begin a specific negotiation
 Establish your:
 Trip wire
 Bottom line

37. Before you begin a specific negotiation
 Establish your:
 Trip wire
 Bottom line
 BATNA

38. Before you begin a specific negotiation
 Establish your:
 Trip wire
 Bottom line
 BATNA
 Leverage

39. Leverage
 Leverage – what is it? Do I have it?
 It is not your budget

40. Leverage
 Leverage – what is it? Do I have it?
 It is not your budget
 Not static
X

41. Leverage
 Leverage – what is it? Do I have it?
 It is not your budget
 Not static
 Your ‘unique value’ in the specific transaction
X

42. Leverage
 Leverage – what is it? Do I have it?
 It is not your budget
 Not static
 Your ‘unique value’ in the specific transaction
 Your leverage connects to their interest – interest underlies
position
X

43. Tips
 EVERYTHING (almost) is negotiable
 Use your fire power (AALL, ALA, ICOLC)
 Know who is at the table
 Get it in writing – immediately follow up f2f or
phone convos with a writing that sets forth agreed
terms
 Thank all parties for their participation
 Share your successes!

44. Resources
 Beyond Reason (2005, Fisher and Shapiro)
 Getting to Yes (2011 rev., Fisher, Ury and Patton)
 The Librarian’s Guide to Negotiation: Winning
Strategies for the Digital Age (2012, Ashmore,
Grogg and Weddle).
 Six Thinking Hats (1985, Edward de Bono)
 AALL Procurement Toolkit and Code of Best
Practices For Licensing Electronic Resources
 Lib-license - Model License Agreement (MLA)
 SERU

45. Thank you!
tracy.thompson@nellco.org

46. A Relatively Short
Guide to License
Agreements
ABBIE BROWN
BROWNAB@MISSOURI.EDU

47. Introduction
Presenter: Abbie Brown (brownab@missouri.edu)
• Head of Consortial Resources, University of Missouri
• I manage e-resources for a small consortium as well as for
individual campuses
• 9 years in my position; MLS from University of Maryland
Overview
• SERU (A Shared Electronic Resource Understanding)
• Common License Terms & Conditions
• Helpful Resources for Licensing
• Educational Opportunities

48. SERU
A SHARED ELECTRONIC RESOURCE
UNDERSTANDING

49. SERU
A NISO Best Practice
Created by NISO with both publishers and librarians
involved
SERU is an alternative to a license agreement, not a
license agreement
A mechanism to avoid the license negotiation process

50. How to Use SERU
Library
signs up
for
inclusion
on SERU
registry
Ask
vendors
if they
will
agree to
use SERU
in lieu of
license
agreeme
nt
Get that
in writing
Done!

51. Using SERU (or Trying to Use
SERU)
Pros
• Saves time for everyone!
• The negotiation is already
done!
• SERU is flexible:
• Not locked into it, either
for all vendors, or for all
products from one vendor
• Add terms & conditions
not in SERU as needed
Cons
• Not in widespread use
• Limited success getting
vendors to agree
• You still need a contract that
specifies titles, pricing, term,
etc.

52. Some License
Terms &
Conditions
A SHORT, ROUGH GUIDE

53. Some License Terms &
Conditions
From my own
license agreement
checklist
Not intended to
be all-inclusive
I am not a lawyer
and this is not
legal advice

54. Authorized Users defined
Must include walk-in users
Must allow remote access for
authorized users, using a proxy
server

55. Authorized Use
Usage Rights
Interlibrary Loan
Coursepacks and course e-reserves
Electronic links
Scholarly sharing

56. Fair Use
Incorporate Fair Use as defined by
U.S. Copyright Law

57. Indemnification Clause
Remove indemnification clause,
or amend it

58. Dispute Resolution
Governing law must list our state
as having authority
But we can agree to strike the
clause/remain silent on this

59. Notice for Cancellation
30 days’ notice for cancellation by
either party

60. Financial Hardship
Contingency
An escape clause for multi-year
agreements
Allows early termination with no penalty
In case of a need to cancel for budget
reasons

61. RESOURCES
HELPFUL RESOURCES TO HELP YOU

62. Model Licenses
• A Statement of Best Practice
• A Starting Point (ideally)
• Suggested wording for clauses
that you can strip and use in
your negotiation
Model
Licenses
Give You:
• LIBLICENSE Model License (updated
2014)
• California Digital Library Standard
License Agreement (updated 2014)
• NERL (NorthEast Research Libraries
Consortium) (updated 2012)
• And many more
Some
Model
Licenses:

63. LIBLICENSE Project
Started in 1997; hosted by the Center for
Research Libraries (CRL)
Provides a central repository of library
licensing resources
Includes the LIBLICENSE Model License as
well as…

64. LIBLICENSE Project Includes
LIBLICENSE-L
• Active mailing list of current topics and concerns
• Searchable archives of mailing list content
Licensing Terms & Conditions
• List of typical licensing clauses
• Discussion of possible issues with each clause
• Advice for negotiation
Licensing Vocabulary
• Definition of words and phrases commonly found in license agreements
Resources & Bibliography: Links
• Links to guides and tools, scholarly pubs, organizations, laws, and other
relevant resources for these topics

65. California Digital Library
Licensing Toolkit
Publicly available, but intended for internal
use
Thorough, useful background information
Includes CDL Standard License, as well as…

66. CDL Licensing Toolkit Includes
• Overview of issues to be addressed in a license
agreement
• Short explanation of each topic and its effect on the
library
• What to look for or what to include
License Agreement
Checklist
• Addresses technical requirements and preferred
practices for vendors
• Topics include privacy, authentication,
discoverability, preservation, etc.
• Recently added a policy for mobile support of
licensed resources
Technical
Guidelines for
Vendors
• Redacted versions of license agreements that you
can peruse
• Ordered by vendor
Sample License
Agreements

67. How to Get Better at This
Educational Opportunities
Self-study
Take your time; get detail-oriented; be conscientious
Real legal advice is imperative
Experience, experience, experience

68. Educational Opportunities
In-depth Workshops
• Generally offered as pre- or post-conference
workshops
• May be offered by larger library consortia
•We need more!
• More availability
• Longer, even multi-day, sessions
• Time to dig into the details with
personalized advice

69. Educational Opportunities
Webinars
• More widely offered, very accessible
• Not enough time for depth and details
• Limited opportunity for personalized
advice
• Attendees do not come away with true
competency in the subject

70. Self-Study
Review resources available, written by experts in the field
• Statements of Best Practice
• Model licenses, standard licenses
• Sample license agreements from the same vendor
• Articles and scholarly publications
Get advice from peers
• [Does not take the place of true legal advice]
• Ask questions on LIBLICENSE mailing lists
• Contact peer institutions

71. Summary Links
www.niso.org/workrooms/seru
SERU
liblicense.crl.edu
LIBLICENSE
www.cdlib.org/services/collections/toolkit
CDL Licensing
Toolkit
Abbie Brown, brownab@missouri.edu
Contact Me

72. Licenses and Reuse:
What does it Mean for Authors?
NISO Webinar
The Practicality of Managing E
Part 1: Licensing
Presented by: Stacy V. Sieck
Library Communications Manager
Taylor & Francis Group
September 9, 2015

73. Agenda
• What is Copyright?
• Types of licenses
• Taylor & Francis’ Publishing Agreements
• Taylor & Francis Author Rights Survey: The Author
Perspective on Licenses, Open Access, and Reuse
• Questions

74. Copyright Licenses:
Allowing the Public to Reuse
Your Work
©Designgov

75. So What is Copyright?
Copyright gives the copyright holder exclusive rights
over how others use their work.
As an author, this means that the copyright option
you choose defines how researchers, scientists,
policy makers, journalists, corporations, or anyone
else who has an interest in your research can use
your work.

76. Types of Licenses
• Copyright Assignment
• Exclusive License to Publish
• Non-exclusive License to Publish
• Public Copyright Licenses

77. Copyright Assignment
Why assign copyright?
Authors often assign copyright in their article to
the publisher or society. In turn, the publisher
manages the intellectual property rights (IPR) in
the article, maintains the article as the Version
of Record, and can represent the article in
cases of copyright infringement.

78. License to Publish
Exclusive License to Publish:
When an author grants the journal owner (e.g., the publisher -
Taylor & Francis - or a learned society) the right to publish their
paper on an exclusive basis. You (the author) retain copyright, and
reuse requests are handled by the publisher or society on your
behalf.
Non-exclusive License to Publish:
When an author grants the journal owner (e.g., the publisher –
Taylor & Francis – or a learned society) the right to publish their
paper on a non-exclusive basis. You (the author) retain the right to
grant other entities a similar “license to publish” at any time.

79. Public Copyright Licences:
What are Creative Commons Licenses?
• A suite of 6 licences, all geared towards
reuse
– Effectively an agreement between author and
subsequent user
– Publishers may still ask you to sign a
licence to publish
• Three layers
– Legal code – the full licence text, lots of
legalese!
– Human readable code – summarises reuse
allowed
– Machine readable code – expressed in a
format that can be interpreted by, e.g. search
engines
http://creativecommons.org/licenses/

80. CC BY (Attribution): others may distribute, remix,
tweak, and build upon your work, even commercially,
as long as they credit you for the original creation (they
should include a URL to your work).
CC BY-NC-ND (Attribution-
NonCommercial-NoDerivs) others may
download your works and share with others
as long as author is credited but the work
cannot be amended or used commercially
CC BY-NC (Attribution-NonCommercial) others may
remix, tweak, and build upon your work non-
commercially…their new works must also
acknowledge you and be non-commercial.

81. CC BY-SA(Attribution-ShareAlike): others may remix,
tweak, and build upon your work even for commercial
purposes. This is the license used by Wikipedia.
CC BY-NC-SA (Attribution-
NonCommercial-ShareAlike) others may
remix, tweak, and build on our work non-
commercially, as long as they credit you
and license their new creations under
identical terms.
CC BY-ND (Attribution-NoDerivs) others may
redistribute your work commercially and non-
commercially, as long as it is passed along
unchanged and in whole, with credit to you.

82. Creative Commons Attribution (CC BY)
• Light
– Embodies reuse concept of OA
– Removes reuse barriers
– Increases the visibility of research
– Fosters ‘disruptive innovation’
– Will stimulate the economy
– Rejuvenates the research
community
– Facilitates text and data mining
• Shade
– Loss of control over work
• Poor translations
• Inclusion in ‘inappropriate anthologies’
• Repackaging for sale by third parties
– Loss of author rights and legal protection
• ‘rights out license’
• No assertion of paternity right = no
moral right?
• Moral right to integrity is hard to enforce
– Increased cost for authors?
– Third party permissions
• Increased risk for publishers AND
authors
– Sensitive material / studies?
– Monograph publication

83. Taylor & Francis’
Publishing Agreements

84. Open Access Creative Commons
Licensing
We offer 3 CC licences for our Open and Open Select
journals:
CC BY (Attribution): others may distribute, remix,
tweak, and build upon your work, even commercially,
as long as they credit you for the original creation (they
should include a URL to your work).
CC BY-NC-ND (Attribution-
NonCommercial-NoDerivs) others may
download your works and share with others
as long as author is credited but the work
cannot be amended or used commercially
CC BY-NC (Attribution-NonCommercial) others may
remix, tweak, and build upon your work non-
commercially…their new works must also
acknowledge you and be non-commercial.

85. Licenses & Copyright
Assignment
We also offer options for our standard subscription-
based journals:
• Copyright assignment
• Exclusive & Non-exclusive license to publish
• Green OA option for all Taylor & Francis journals!
http://journalauthors.tandf.co.uk/copyright/publishingAgreements.asp

86. License option Distribution
Derivative
works
Translation Adaptation
Commercial
reuse
Original author
credited
Same license
used for
secondary
works?
Attribution
(CC BY)
Yes Yes Yes Yes Yes Yes No
Attribution
NonCommercial
(CC BY-NC)
Yes (non-
commercial)
Yes (non-
commercial)
Yes (non-
commercial)
Yes (non-
commercial)
No Yes No
Attribution-
NonCommercial-
NoDerivs
(CC BY-NC-ND)
Yes (non-
commercial)
No No No No Yes No
Exclusive license
to publish
No No No No No Yes No
Copyright No No No No No Yes No

87. Overview of LISAH ZEN policy
• Author Rights Pilot Initiative launched Nov
1st 2011
• Library and Information Science journals
plus Archives and Heritage titles
– No embargo on Accepted MS posting
Authors retain copyright of their article
• Effect on subscription renewals unclear.
– Effect on usage and citations research is
being conducted
– Low rates of AM deposit implied from author
responses to survey
– Positive PR in community
6.9
8.5
6.2
8.0
6.6
8.3
0
1
2
3
4
5
6
7
8
9
10
Routledge
Before
SSCI List
Before
Overall
Before
Change in authors’ average
willingness to publish with
Routledge
http://journalauthors.tandf.co.uk/copyright/authorRightsPilot.asp

88. Taylor & Francis’ Author Survey:
What Authors think of Licenses,
Open Access, and Reuse

89. OA: What do Authors Think?
• 2014 Open Access Survey (released June)
• E-mail inviting participation sent to 87k authors
• 8,000 responses or a 9% response rate
• 95% assurance that any result from survey lies
within 1% of the view of the T&F author community
• Author community first surveyed in 2013
• Now able to explore changing attitudes, with
responses from 2013 and 2014 next to one another
www.tandfonline.com/page/openaccess/opensurvey/2014

90. Authors’ views on OA
The possible advantages:
1. Wider circulation
2. Higher visibility
3. Faster publication
4. Larger readership
5. Increased citation

91. On re-use: commercial vs. non-
commercial

92. Authors’ licence preferences

93. 22%
28%
23%
11%
8%
8%
-60%-50%-40%-30%-20%-10% 0% 10%20%30%40%50%60%
Exclusive License to Publish
CC BY-NC-ND
Copyright Assignment
CC BY-NC
CC BY-ND
CC BY
Most preferred licence
Authors’ licence preferences

94. 22%
28%
23%
11%
8%
8%
29%
18%
21%
15%
13%
4%
-60%-50%-40%-30%-20%-10% 0% 10%20%30%40%50%60%
Exclusive License to Publish
CC BY-NC-ND
Copyright Assignment
CC BY-NC
CC BY-ND
CC BY
Most preferred licence Second most preferred licence
Authors’ licence preferences

95. 22%
28%
23%
11%
8%
8%
29%
18%
21%
15%
13%
4%
-9%
-5%
-17%
-9%
-8%
-52%
-60%-50%-40%-30%-20%-10% 0% 10%20%30%40%50%60%
Exclusive License to Publish
CC BY-NC-ND
Copyright Assignment
CC BY-NC
CC BY-ND
CC BY
Most preferred licence Second most preferred licence Least preferred licence
Authors’ licence preferences

96. 28%
31%
15%
11%
8%
7%
28%
19%
24%
12%
14%
3%
-8%
-2%
-14%
-11%
-7%
-58%
-60%-50%-40%-30%-20%-10% 0% 10%20%30%40%50%60%
Exclusive License to Publish
CC BY-NC-ND
Copyright Assignment
CC BY-NC
CC BY-ND
CC BY
Most preferred licence Second most preferred licence Least preferred licence
Authors’ licence preferences

97. Questions?
Stacy V. Sieck
Taylor & Francis Group
Library Communications Manager
Ph: 215-606-4205
stacy.sieck@taylorandfrancis.com
Hosted by NISO
National Information Standards
Organization

98. NISO Webinar • September 9, 2015
Questions?
All questions will be posted with presenter answers on
the NISO website following the webinar:
http://www.niso.org/news/events/2015/webinars/licensing_e/
September 9 NISO Two-Part Webinar
The Practicality of Managing E, Part 1: Licensing

99. Thank you for joining us today.
Please take a moment to fill out the brief online survey.
We look forward to hearing from you!
THANK YOU