This document summarizes a presentation on licensing electronic content. It discusses what a license is, why libraries need to sign licenses, and key factors libraries should consider when negotiating licenses. These factors include permitted uses of content, access models, technical support, costs, and legal terms. The presentation emphasizes that libraries should be well-informed about their needs and the vendor's requirements to negotiate mutually agreeable licenses. It also provides resources for further information on licensing digital content.
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Licensing Electronic Content Prepared
1. Charleston Conference 2013
Licensing Electronic
Content: Being Prepared
Adam Chesler!
Director of Library Relations!
!
Business Expert Press /
Momentum Press
2. What’s a License?
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Sanction granted by one party to another to perform activities that
are otherwise not permitted or clearly defined!
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Legal instrument establishing rights of BOTH parties!
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A contract; an agreement!
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Consists primarily of:!
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A body, with general terms/conditions!
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Appendixes/Attachments/Schedules/Exhibits!
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addressing specifics of your agreement
3. Why Sign A License?
“A verbal contract isn’t worth the paper it’s printed on.”!
Samuel Goldwyn!
“Trust everybody, but cut the cards.”!
Finely Peter Dunne!
“Those who trust in chance must abide by the results of
chance.”!
Calvin Coolidge
4. Some Other Reasons
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To affirm rights/privileges and define limits; to protect
against abuse!
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To specifically detail obligations!
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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”)
5. Know Thyself
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Confirm access is necessary!
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Do you have it via an aggregator, or a consortium?!
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Is it available for free (eg, Project Gutenberg) and is
that platform acceptable?!
Know your internal selection/licensing
process!
•
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May affect back-file access privileges or pricing!
Have IP range on-hand, or where vendors
can get it!
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IP info should be kept up-to-date!
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Are your subs consolidated or spread out – and
how will this be tracked?!
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Who executes the agreement?!
Do your users prefer print?!
Do you hold current or previouslypublished volumes, or is it a new order?!
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Do you prefer to pay directly or via an agent?
Consortium? By credit card?!
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Know IP number(s) of your proxy server!
Does your institution use SERU?!
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Have institution’s contact points on hand!
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Billing, technical issues, content decisions, etc!
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Know your Shibboleth federation!
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Which/how many sites are included?!
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Know your link resolvers
6. Know Thy Vendor
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Confirm if/where content exists online!
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Preview providers license/terms and conditions!
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May have different licenses/terms for books and journals!
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Sales issues, terms/conditions may be in different documents!
Watch out for click-throughs!
Will they bill through your preferred agent(s)? Or consortium/network?!
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If thru third party, will any fees be charged back to you?!
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Find out who has final say over prices, terms!
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Get contact names!
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Primary and back up!
May be different contacts for sales, tech support, customer service, etc!
Does the vendor use SERU?
7. Permitted Uses
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Upload to course management systems?!
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Print/download to personal devices?!
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Content or links?!
Commercial vs non-commercial use!
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Email? Print? Print/Fax?!
Email amongst authorized users?!
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Limits on number of pages or copies? Duration?!
Satisfy ILL requests (and how?) !
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Content itself or links?!
Are additional permissions required?!
Walk in use? Alumni?
8. Service
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MARC records supplied? How?!
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Statistics available? How?!
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COUNTER-compliant? SUSHI? Admin site?!
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Notices of downtime!
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Participating in discovery services?!
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Who answers your questions?
9. Access
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Authentication!
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IP ranges vs passwords!
•
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Concurrent use restrictions!
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Single-user vs multi-user
arrangements!
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Long-term access/preservation!
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!
CLOCKSS, LOCKSS, Portico !
Local? Third parties? Publisher’s
website? Extra costs?!
Point of access!
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Back-file access -- included? Or
available for an extra fee?!
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DRM (primarily e-books)!
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Post-cancellation rights!
Who controls access/data –
publisher or third-party host? !
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Still the licensor’s responsibility
to ensure uptime/service!
Proxy servers? Referring URLs?!
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Important for remote access
10. $$$$$$
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Can you swap out unwanted content for other material?!
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Reduced fees for adding non-subscribed materials?!
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Lease to own? Lease instead of buy? Trial to purchase?!
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Different fees for single vs multiple users?!
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Perpetual access -- extra?!
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Back-files -- included or extra? !
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Single titles vs collections!
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Multi-site (system/consortial) discounts available?!
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Discounts on non-subscribed materials?
12. Final Observations
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Negotiations require information and patience!
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Know your institution’s/group’s strategy/needs regarding e-content!
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Don’t negotiate piecemeal: think big picture!
Be aware of the vendor’s requirements/objectives!
Goal is a MUTUALLY-agreeable license!
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What’s negotiable? What’s not?!
Negotiations don’t have to be acrimonious and shouldn’t be
personal, even if they are adversarial!
Don’t hesitate to ask for explanations or alternatives because…
13. Negotiating Advice
“If you don’t ask, you don’t get.” !
attributed to Gandhi!
“You miss 100% of the shots you don’t take.”!
Wayne Gretzky
15. Contact Information
Adam Chesler!
Director of Library Relations!
Business Expert Press / Momentum Press!
(571) 243-7537!
adam.chesler@businessexpertpress.com
adam.chesler@momentumpress.net