What are most important things to know before a librarian begins a license negotiation? 1) Everything is a target for negotiation. 2) Know what your library

What are most important things to know before a librarian beginsa license negotiation?

1) Everything is a target for negotiation.

2) Know what your library needs (access, use, etc.). Identify what a successful negotiation would look like.

3) Be prepared to walk away. Know your deal breakers.

4) It's not personal.

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Please provide up to 3 licensing terms you’d like to have definedduring the webinar.

Fair Use Scholarly Sharing Secure Interlibrary Loan Electronic Course Pack/Electronic Reserves Derivative Works Archival rights Perpetual Access Indemnification Warranties Material Breach SERU Manifest Assent

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Please tell us about the biggest licensing challenge or single issue on which you’d like some advice/coaching.

Managing time for the process of licensing Pricing popular e-content fairly Multiple location/campus/branch licensing issues Risk assessment on click-through license provisions Negotiating for good interlibrary loan rights Single-user licenses Policing walk-in users Choice of law/venue Licensing eBooks, different models, long-term availability Licensing ejournals, what is new and different lately?


Please tell us about the biggest licensing challenge or single issue on which you’d like some advice/coaching. (cont’d)

Acquiring and managing usage statistics What if the publisher changes hands? Do terms need to be re-negotiated every renewal? Personal liability – If I sign the license am I liable? How should federal libraries approach licensing? Canadian Fair Dealing law


What is the biggest challenge to licensing e-content that you anticipate for the future?

Increasingly stringent usage restrictions Owning vs. leasing content Incompatibility of formats Bundling – forced packages that make desired content unaffordable Unbundling – paying for smaller and smaller segments of information Perpetual access Constant rate of change – unpredictable future Licensing e-books and e-textbooks Future legislation – will we be legislated out of the licensing process?


Additional Questions?

Will we begin to see a move toward standardization? Licensing terms Business models

Are any libraries using ONIX-PL? http://www.editeur.org/ How do you manage various access/authentication models? (proxy,

IP, id/password) and reflect them in the license? How do I work effectively with my institution’s legal counsel? Does copyright law (fair use) trump contract law? Do licensing librarians have to have a legal background? Reference to standard terms

http://www.library.yale.edu/~llicense/definiti.shtml


Resources

American Association of Law Libraries. AALL Guide to Fair Business Practices for Legal Publishers (2nd ed. July 2006). Available at http://www.aallnet.org/about/fair_practice_guide.asp.

American Association of Law Libraries Special Committee on Licensing Principles for Electronic Resources. Principles for Licensing Electronic Resources (revised 2004). Available athttp://www.aallnet.org/committee/reports/LicensingPrinciplesElecResources.pdf.

Alford, Duncan. “Negotiating and Analyzing Electronic License Agreements,” Law Library Journal 94 (Fall 2002): 621-644.

California Digital Library, Vendors & Content Providers section of the web site at http://www.cdlib.org/vendors/. Provides valuable licensing guidelines and information.

Conger, Joan E. Collaborative Electronic Resource Management: From Acquisitions to Assessment. Westport, CT: Libraries Unlimited, 2004.

Fenner, Audrey, ed. Managing Digital Resources in Libraries. Binghamton, NY: The Haworth Information Press, 2005.

Harris, Lesley Ellen. Licensing Digital Content: A Practical Guide for Librarians. Chicago: American Library Association, 2002.

Harris, Lesley Ellen. Copyrightlaws.com. Copyrightlaws.com is an informative Web site devoted to Canadian, U.S. and international copyright law, digital licensing, e-commerce, digital property and Web related legal issues. Ms. Harris offers an online course in licensing. To check the schedule and register see http://copyrightlaws.com/index2.html.

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Resources (cont’d.)

Hilts, Paul. “Digital Rights Management,” Columbia Guide to Digital Publishing, ed. William E. Kasdorf. New York: Columbia University Press, 2003.

International Coalition of Library Consortia (ICOLC). Statements and Documents at http://www.library.yale.edu/consortia/statementsanddocuments.html. Especially see Statement of Current Perspective and Preferred Practices for the Selection and Purchase of Electronic Information.

International Federation of Library Associations and Institutions (IFLA). Licensing Principles, 2001 (available at http://www.ifla.org/V/ebpb/copy.htm).

Jewell, Timothy. Selection and Preservation of Commercially Available Electronic Resources: Issues and Practices . Washington, D.C.: Digital Library Federation, 2001.

Rupp-Serrano, Karen, ed. Licensing in Libraries: Practical and Ethical Aspects. Binghamton, NY:The Haworth Information Press, 2005.

Suber, Peter. “Removing the Barriers to Research: An Introduction to Open Access for Librarians,” College & Research Libraries News 64 (Feb. 2003): 92-94.

VerHagen, Nol. “Licensing and Negotiating: Exploring Unfamiliar Ground,” The Eresources Management Handbook (May 30, 2006): 39-47. http://uksg.metapress.com/openurl.asp?genre=article&id=doi:10.1629/9552448-0-3.4.1

Yale University Library, Council on Library & Information Resources. Liblicense website at http://www.library.yale.edu/~llicense/.

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