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

1. The Licensing Lifecycle:
From Negotiation to Compliance
EricHartnettandJaneSmith
TexasA&M UniversityLibraries
May 3, 2014
NASIG 29th Annual Conference
Ft. Worth, Texas

2. Agenda
• Overview of Texas A&M University
• Licensing Process
• License Agreement Checklist
• Difficult Negotiations
• CORAL and Licenses
• Breach of Licenses
• Resources

3. Texas A&M University
• Founded in 1876
• Research Intensive
• Sixth largest university in the nation
• Part of the Texas A&M University System

4. 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

5. 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

6. 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

7. 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

8. 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

9. Mode of Access
☐ IP Authentication (preferred)
☐ Single username/password, shared
☐ CD-ROM on secure network
☐ Remote Access/EZProxy

10. Authorized Users
☐ Current faculty , staff and students
☐ Walk-in users
☐ Visiting scholars and researchers

11. 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

12. 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)

13. Electronic Reserves
☐ Allowed ☐ Not Allowed
Type
☐ Incorporate links in electronic reserves
☐ May store in electronic format in electronic reserves.

14. CoursePacks and Course
Management Systems
☐ Allowed ☐ Not Allowed
Type
☐ Incorporate links
☐ May download, print, and distribute to students

15. Renewal/Termination
☐ Automatic Renewal
☐ Length of license term defined
☐ Cancellation terms defined
☐ Bailout Clause for Multiyear license

16. 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

17. Other clauses
☐ ADA Compliant?
☐ Content changes?
☐ Usage statistics? COUNTER-compliant?
☐ MARC records?
☐ Amendments?
☐ Add campuses?
☐ Add content?

18. 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.”

19. 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

20. What happens
when…negotiations fail
• Add note for our Contract Administration
Office
• Walk away
• Subscribe anyway

21. 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

22. 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

23. 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

24. 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

25. 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

26. 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

27. 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

28. Examples
• Elsevier – User’s account hacked, abuse
originating overseas
• Illegal sharing of NetID and password
• Safari Books – triggered by url validity check in
Voyager

29. 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

30. 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

31. Questions?