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The e resource licence

The document discusses electronic resource licensing. It explains that all electronic resources are licensed, with license agreements spelling out terms of use that are legally binding. Licenses typically place limits on how resources can be used, by whom, and from where. Individual users must ensure their usage complies with license conditions. The document provides tips for reviewing licenses and considerations for negotiating terms. It also lists resources for comparing license clauses and getting help with licensing questions.

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: THE SIMPLE GUIDE LOUISE COLE COLLECTIONS (JOURNALS) The e-resource licence
Let’s start from the very beginning All our electronic resources are licensed to us, whether we ‘own’ them through outright purchase, ‘rent’ them on subscription, or access for free. A licence agreement is a legal contract between the licensor (the supplier) and the licensee (the institution) which spells out terms of use. Legally, contract law supersedes copyright law. Licences normally place limits on how electronic resources may be used, who may use them, the number of concurrent users and the locations from which networked access is permitted. Individual users are responsible for ensuring that their use of electronic resources complies with licence conditions.
Bewitched, bothered and bewildered The model licence  Same clauses in many agreements  Understandable language  Usually tailored to academic libraries  Easily enforceable  Users well-defined  Accepted by most large publishers The generic terms of use  ‘Click-through’  May be unrealistic  Require careful reading and negotiation  Often vague on user definition  Don’t order anything before seeing an agreement first!
A cock-eyed optimist Things to consider when reading a licence:  WHO. Does the licence allow access for the right people or is it restricted in any way (e.g. outside UK)?  WHERE. Is off-campus access mentioned? By what method?  WHAT. Is it clear what is acceptable and unacceptable use (e.g. downloading, ILL, course packs)?  HOW. Which forms of authentication are available? Which software, browsers, etc are needed?  WHEN. How long is the period covered by the licence? When is the notice period for cancellation?  Are there any unusual clauses (e.g. ‘pay within 7 days’).
Mad about the buy Some resources do not have licence agreements we need to sign, but point towards their own Ts&Cs  Always read the small print and look for the information we need  Negotiate and challenge if we need to  Always keep a written record of conversations over licensing in case of future problems, and keep any additional documentation with a print-out of the relevant conditions  If there are no Ts&Cs either, keep a record of any correspondence relating to users, use, authentication, etc.  If buying something outright check for ‘hidden costs’
Taking a chance on … Activities with elements of risk  Allowing access to someone who is not an authorised user (giving access outside of a secure network)  Making a password available on a publicly available web page  Systematic downloading  Uploading a PDF into VLE To ask the question, or not to ask the question?  Licences are often deliberately ‘grey’, like copyright  Agree a definition (a ‘KU student’, a ‘secure network’, a ‘site’) and stick to your guns  If it’s reasonable, it’s likely to be OK – but it is not OK to give all our customers access
Accentuate the positive Collections are here to help you negotiate the access that you want – we can help iron out  Authentication questions  Who can access, when, how and from where  What to expect from the logging in process  How to exploit the resource (for VLE, ILL, reading lists)  Queries relating to trials, increasing user numbers, obtaining usage statistics  Any clauses we see as incorrect or unachievable (10 day payment terms, language that doesn’t fit academic use)
Verde – I’m falling under your spell Remember Verde? (the ExLibris all-singing, all- dancing, all-encompassing ERM)  Licence information – phase 1 for LRC staff, phase 2 for customers (brief details of what’s allowed)  Access information – browsers, PDF readers, pop-ups, mobile versions, accessibility, anything related Plan to use Verde to be one place to host basic licence information, and to also use ELCAT and/or KB+ as required  What’s ELCAT? It’s a bank of JISC licences comparing and contrasting the basic clauses.  What’s KB+? The JISC initiative on title lists for knowledge base use, which might absorb ELCAT.
Woodman, spare that tree Those e-links:  ELCAT http://www.jisc-elcat.com/elcat/index.pl  KB+ http://www.jisc.ac.uk/whatwedo/programmes/di_informatio nandlibraries/emergingopportunities/kbplus.aspx (we are about to join this)  JISC Model Licence http://www.jisc-collections.ac.uk/Help- and-information/How-Model-Licences-work/Guide-to-Model- Licence/  A very open and cautionary story of resource misuse http://journal.code4lib.org/articles/4117
Woodman, spare that tree Those e-links:  ELCAT http://www.jisc-elcat.com/elcat/index.pl  KB+ http://www.jisc.ac.uk/whatwedo/programmes/di_informatio nandlibraries/emergingopportunities/kbplus.aspx (we are about to join this)  JISC Model Licence http://www.jisc-collections.ac.uk/Help- and-information/How-Model-Licences-work/Guide-to-Model- Licence/  A very open and cautionary story of resource misuse http://journal.code4lib.org/articles/4117