C. Derrik HiattElectronic Resources Librarian

Wake Forest University

Principles of Negotiation

North Carolina Serials Conference6 March 2015

Lesley Jackson, MLISAccount Services Manager

EBSCO Information Services

Quick audience poll

Any vendor representatives?

Have you ever negotiated license or purchase terms?

1. Be prepared

● Know your objectives - what specifically are you trying to accomplish?

Price, predictability of pricing, lower cost per use, more content, more transparency, better data

● Know your timetable● Learn about the other party● Use data● Know industry norms

Selected Resources

● LIBLICENSE (http://liblicense.crl.edu/)● LicensingModels.org● Model License Comparison Table

https://sites.google.com/site/licensecompare/● Shared E-Resource Understanding (SERU)● Use your previously-negotiated licenses

LIBLICENSE

● http://liblicense.crl.edu/● Center for Research Libraries and

Association of Research Libraries● 2014 standard license update (previously

called the “Yale model”)● Licensing vocabulary● New! Liblicense software

SERU

● http://www.niso.org/workrooms/seru● NISO Best Practice● Not a license - expresses commonly shared

understandings about appropriate & inappropriate use of content, plus service provision, perpetual access, etc.

Use previously-negotiated licenses

2. Know how far you can/cannot go

● Know the limits of your authority.● Know how the resource is going to be used.● Know your organization’s rules, and the

reasons behind them.

3. Don’t be afraid to ask

● The answer just might be yes.● Ask questions you (think you) already know

the answer to.● But ...

4. Respect the other party's position

● You have rules & limitations, so do they.● The business relationship continues.

5. Don’t take it personally

● It’s an institutional disagreement, not a personal one.

● When frustration flares, take a break.● Have a sense of humor.

6. Bring in other people if necessary

● Ask to speak to someone who can make an exception.

● Ask your supervisor for help.● Leave ego out of it.

7. Look for the win-win*

● It’s not a competition. The library wants to buy, the vendor wants to sell.

● It takes work. Don’t assume there is just one way.

*Stephen R. Covey, The Seven Habits of Highly Effective People: Restoring the Character Ethic (New York: Simon & Schuster, 1989).

8. Be patient, try to remain optimistic

● Stay positive● Things may change on the library’s side● Things may change on the vendor’s side● “I am confident that we can find a solution

that works for both of us.”

9. Learn and document

● Educate yourself on common licensing language

● Keep track of negotiated licenses and changes you and the vendor make

Thank you!

C. Derrik HiattWake Forest University

hiattcd@wfu.edu

Lesley JacksonEBSCO Information Services

ljackson1@ebsco.com

Selected Resources

● LIBLICENSE (http://liblicense.crl.edu/)● LicensingModels.org● Model License Comparison Table

https://sites.google.com/site/licensecompare/● Shared E-Resource Understanding (SERU)

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

Selected bibliographyBeth Ashmore and Jill E. Grogg, “The Art of the Deal: Negotiation Advice from Library Leaders and Vendors,” Searcher 17, no. 1 (Jan. 2009): 18-25.

Lesley Ellen Harris, “When the Negotiations Begin, Listen Carefully, Stay on Point,” Information Outlook 11, no. 3 (Mar. 2007): 32.

Jane Baugh, “Getting to Yes for Your Library,” AALL Spectrum 15, no. 6 (Apr. 2011), 9-11.

Amy R. Crawford, “Licensing and Negotiations for Electronic Content,” Resource Sharing & Information Networks 19, no. 1-2 (2008): 30.

Jason Price, Donna LaFollette, Rick Burke, “Negotiation Principles,” ER&L Conference, 2014. Slides available at http://www.slideshare.net/jpricein/scelc-negotiation-techniques-erl-2014.

Stephen R. Covey, The Seven Habits of Highly Effective People: Restoring the Character Ethic (New York: Simon & Schuster, 1989).

Roger Fisher, William Ury, and Bruce Patton, Getting to Yes: Negotiating Agreement Without Giving In, 2nd ed. (New York: Penguin, 1991).