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Best practices, pitfalls and trends
Corey S. HalaychikAssistant Professor & Electronic Resources SpecialistUniversity of [email protected]
An understanding of the five stages in the electronic resource licensing process.
An awareness of common pitfalls in the licensing process and best practices to counteract them.
An idea of current trends affecting the licensing of electronic resources.
Discovery and Investigation
Negotiation and Acquisition
Activation and Implementation
Support and Tracking
Evaluation and Renewal
Offer – Receive initial license from vendor
Mutuality – Discuss terms and conditions
Acceptance – Parties agree to terms
Consideration – Payment exchanged for access
Enforcement – Penalty phase
Source: Association of Research Libraries. “Licensing review and negotiation.” 2003. Online Lyceum. ARL. Office of Leadership and Management Services. URL: http://www.arl.org/training/licensing.html
Pitfall
Going in blind
Not reading thoroughly
Contract law trumps copyright
Best Practice
Know what your users and institution want and need
Ensure you have ample time to read and ask questions
Expect the worst and negotiate the best
Pitfall
Accepting “as is”
Failure to find common ground
Vague and confusing language
Best Practice
Show no fear
Know your “frenemy” and find a win-win
Be specific and leave no doubts
Pitfall
Failure to launch
Confusion after revisions
Lapse in access
Best Practice
Track progress
Verify final version before sending payment
Ask for trial access during finalization
Pitfall
Which version is being used
Paying too soon
The check is in the mail
Best Practice
Document each version of the agreement
Ensure final agreement is signed by all before paying
Track progress to ensure vendor is paid on time
Pitfall
File and forget
Looking the other way
Letting time slip by
Best Practice
Perform periodic checks
Address issues and hold vendors accountable
Continue to track and set reminders
Negotiations
Be reasonable
Be ready to handle objections
Keep the users, usage, and access in mind
You want less barriers to access and legal protection
Make friends with your sales representative
They love to hear from you
SERU Publisher and library agree to follow well-
established and widely-accepted common expectations in lieu of a formal license agreement
Standardization Similar language used by vendors to allow
licenses to be understood correctly and more visible to staff on the front line
Statistical data (COUNTER and SUSHI)
PDA and Pay-Per-View Licensing models are changing to address
facilitation and portability between devices
Mobile Access Availability, cost, and parameters of a mobile
interface
Scholarly Sharing Changes to address non-library mediated sharing
Copyright
Recent trend has been a move by rights holders to place more limitations on sharing
Georgia State University case was seen largely as a decisive victory for fair use and libraries
Could lead to more defined limitation language showing up in agreements
Could also give libraries more leverage to negotiate favorable terms
Copyright Crash Course: http://copyright.lib.utexas.edu/l-cntrct.html
NISO SERU Homepage: http://www.niso.org/workrooms/seru
LIBLicense: http://www.library.yale.edu/~llicense/index.shtml
My email address [email protected]