NISO Webinar: Streamlining and Simplifying: Advances in Consortial Licensing

NISO Webinar:Streamlining and Simplifying:

Advances in Consortial Licensing

August 13, 2014Speakers:

Christine Stamison, Director at Northeast Research Libraries Consortium

Anne E. McKee, M.L.S., Program Officer for Resource Sharing, Greater Western Library Alliance (GWLA);

Co-chair of the NISO SERU (Shared Electronic Resource Understanding) Standing Committee

David Celano, Vice President, Library Sales, Springer

http://www.niso.org/news/events/2014/webinars/licensing/

Starting Point: Using Model License Templates to Streamline License

Negotiation and Contracting

NISO Webinar: Streamlining and Simplifying:

Advances in Consortial Licensing

Christine M. Stamison, MLISDirector, Northeast Research Libraries Consortium

NERL Mission Statement

• To foster and support the educational and research missions of its member institutions by coordinating, consolidating, and negotiating the best possible licensing terms and prices for electronic resources.

Background• Founded in July 1996 by Ann Okerson• Grown from 12 to 28 Core Members

– Primarily private institutions – Located on the east coast and mid-Atlantic regions– And, one in the Midwest and one on the west coast

• 90 Affiliate libraries • License primarily electronic content• Now housed at the Center for Research

Libraries in Chicago

Model Licenses

Consortial Model Licenses

• Represents the needs of the many in one document

• Sends a strong message to providers – this what it takes to do business with your consortium

• Gives you a more equal seat at the table• Easier to review• Must be a living document

Doing Business with NERL

• Preference that vendor use NERL Model License– http://

www.nerl.org/sites/default/files/nerl_docs/NERLModelLicense111412.docx

• License negotiated must be easy for library to monitor

• Need to look at how deal will reward members/affiliates for aggregating business for publisher

• Must have a “perpetual” option• Must be opt-in model• Billing through NERL or subscription agent

Doing Business with NERL

• Issues of the day:– Ability to use content for international ILL– Expanded definition of “Authorized User”– No “confidentiality clauses” except for

trade secrets– ADA compliant– DRM free e-books – Author Rights– ABILITY TO TEXT AND DATA MINE

Doing Business with NERL

• Text and Data Mining– No gatekeeper– Use of mutually agreed upon API– Negotiate favorable price to purchase

content for institution’s server

• “This will make publisher’s content more valuable.”

• Role for NISO – best practices

On the Horizon

• Open Access– Negotiate discounted Article Publishing

Charges (APC)– No double dipping

• Updating of the LIBLICENSE Model License– Public comment period ended recently– September/October release

Concluding Remarks

• Through the continued use of consortial model licenses we can:– Continue to advocate for our members

and the library community as a whole– Bring as many buyers to the table– Even the playing field – Push the envelope on sensitive issues– Be vocal

Thank You!

Christine M. Stamison, MLIScstamison@crl.edu

NISO WebinarStreamlining and Simplifying: Advances in Consortial Licensing

“Reconsidering the ‘Sacred Cows’ of Content Licensing”

Anne E. McKee, MLSProgram officer for Resource Sharing

Greater Western Library Alliance (GWLA)Co-Chair SERU Standing Committee

GWLA-who we are!33 academic research libraries

◦ 17 states ranging from Illinois to Hawaii, Texas to Washington State

◦ All either RU/VH OR RU/H◦ Combined FTE of 850,000+

25 members of the Association of Public and Land Grant Colleges

25 members of the Association of Research Libraries (ARL)

12 members of the Association of American Universities (AAU)

15 Partners-Hathi Trust

501(c)3

Celebrated our 15th Birthday 8/6/2014

GWLA Incubators:OCCAMS Reader

http: ///www.occamsreader.org

BioOne.1 & .2 - Founded by Allen Press, American Institute of Biological Sciences, Allen Press, GWLA, SPARC and University of Kansas

TRAIL (Technical Reports Archive & Image Library): digitize, archive and make accessible federal reports issued prior to 1975: http://WWW.crl.edu/grn/trail

Western Waters Digital Library (WWDL):http://www.westernwater.org

GWLA Licensing PrinciplesPartners –NOT- Adversaries with publishers/content

providers and/or other consortiaUnderstand and acknowledge fair profitNo requirements of

◦ “all in or out”◦ considering GWLA first

Any offer must be consistent w/ members institutional research & teaching goals

Offers and licensing clauses: “Good for the Majority” rules

Will not license any content (or allow any non- members to participate) that may affect our 501(c)3 status.

Licensing Terms we needDistance learners and alumni

should be able to utilize the content, regardless of location

Maintenance fees are a no-goAbundance of invoicing optionsPermission for faculty to deposit

in IRs a necessityAllowing non-members into

agreements.

GWLA’s “Line(s) in the Sand(s)”GWLA will not accept any license or

contract that limits our ability to utilize new technology as it is developed.

ILL rights will not be waived-regardless of format◦Particular wording “utilizing the prevailing

technology of the day”CONTU language will not be

entertained, licenses must allow Fair Use

Fair and easy licenses

http://www.niso.org/workrooms/seru/

SERU is a NISO recommended practice ◦(RP-7-2012) which should be considered a

“best practice” or “guideline”Originally released in 2008 focusing on

electronic journals ◦directed towards librarians and publishers

Updated in 2012 recognized the need to make acquiring e-books more flexible.◦E-books providers are more than just the

publishers libraries know and love◦Consensus for other types of E-resources

transactions not as well established(NISO RP-7-2012 Forward, pg. iii)

What SERU Is:Common sense approach

◦Shared values/vision of e-content productsArticulates standard business

practicesNo license requires as Copyright Law

governs use (just as it does for print)Go to the SERU registry and sign-up (

http://www.niso.org/workrooms/seru/registry/)

◦simple◦Fast (2-3 minutes MAX), sometimes same

day access!

What SERU is NOT

NOT A LICENSE NOR CONTRACT!!!

No need of months and months of contractual/licensing negotiations

Pages and pages of contractual legalese

CC image, courtesy of onesecbeforethedub Flickr

Will make both librarian and publisher jump for joy!

Invoking SERU

Go to the SERU registry and see if the publisher/e-content provider has registered

If registered, contact provider and just state that you are utilizing SERU (email is great!)◦ Some institutions like to have a conversation with

provider to have shared set of expectations◦ If provider is not registered, urge them to consider

SERU and register

Send purchase order to provider with SERU noted

Give access to your users!

Life is GOOD!

Thanks!

Anne E. McKee, MLS

Anne@GWLA.org

David Celano

Vice President, Library Sales – US/Canada

August 13, 2014

Licenses. Licenses? License!

The Publisher to Consortia relationship

History of licenses at Springer: an evolution

• ~10-15 years ago started using licenses

• 8 years ago, establishment of License Control department

• ~5 years ago significantly simplified license:

⁻ Significantly shorter than prior document

⁻ One T&C that applies to all future purchases

⁻ Product licenses that reference this T&C

o Previously included T&C = a lot more prior negotiation/work

History of licenses at Springer: an evolution…continued

• ~ 5 years ago we also adopted SERU

⁻ Unfortunately, we still require a signed document

⁻ Note that our license is very similar to SERU clauses

• Time/resource drain

⁻ Currently 7 person team for the Americas

⁻ ~30 sales people so roughly 4:1 sales to sales support

⁻ Needs to continue to evolve

Why licenses?

• Great question!

• Any issues are 99.9% of the time resolved without need for legal action

⁻ I don’t recall any legal issues with Springer

• Record of exactly what was purchased – a good thing

• What do I really think about licenses? I could do without them

But in the meantime, consortia licenses

• Licenses with consortia make things simpler on our end

⁻ Hopefully for the libraries as well

• Why?

⁻ Often can get a PO and bill immediately and provide access

⁻ Dealing with less licenses!

Cool items in our licenses

• No DRM

• Liberal eILL

• Hopefully a promise that I could keep: coming soon = TDM

Items that often require negotiation/further conversation

• Jurisdiction

• Confidentiality

o FOIA

• Indemnification

What’s next?

• Current experimentation with electronic license with clause explanations

• Docusign

• Contract generator

• Future click through?

• Continued evolution and simplification or just the beginning of more

complicated times?

David Celano

Vice President, Library Sales – US/Canada

david.celano@springer.com; 212-620-8419

Thank You!

NISO Webinar • August 13, 2014

Questions?All questions will be posted with presenter answers on the NISO website following the webinar:

http://www.niso.org/news/events/2014/webinars/licensing/

NISO Webinar: Streamlining and Simplifying: Advances in Consortial Licensing

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