Get it sorted…positive approaches to non-standard access

JIBS User Group 13th July 15

Licence Portability WorkshopMartyn Jansen, Contracts & Legal Manager

A student from Swindon University goes on three months’ work experience with a company (Acme France) in Paris.

He becomes an associate student of the University of Paris and uses their online library resources.

The student also wants to use Swindon’s online library resources during his work experience session.

What are the licensing considerations?

still a student of Swindon – location doesn’t matter can be a student of two institutions is he properly a student of Paris (associate, affiliate etc) work experience is educational but potential commercial

benefit especially if student is on a vocational course walk-in use only at Paris? commercial benefit to Acme but trivial? Is it realistic for

Acme to purchase own licence publisher might see a loss leader/sales opportunity territorial restrictions = export regs, content licences sales territorial conflict

During her gap year a student’s login details are used by someone else in Australia to access Swindon University’s online library resources without the student’s knowledge.

It’s some time before this is discovered and by then a vast number of copies of a resource from a particular publisher had been illegally downloaded.

The publisher wants Swindon to pay for all the downloaded copies and also wants the student to be expelled.

What are the licensing considerations?

is she a student during her gap year is Swindon responsible even if she isn’t a student Swindon should have rescinded password during gap year Swindon should have discovered illegal access more quickly should publisher have alerts for unusual activity definite loss of revenue, Swindon to pay for all downloaded copies can publisher insist on expulsion – can they bar access to an

individual Swindon must apply own disciplinary measures but is student at

fault? Swindon and publisher can act against the miscreant deliberate copyright breach on a commercial scale is a criminal act

Swindon University wants to include substantial portions of an online library resource in some business studies course packs. Each student will get an electronic copy of the course pack on a memory stick.

What are the licensing considerations?

Chest licence allows course packs Chest licence allows student electronic copies recent copyright act amendments are memory sticks secure – ipr and revenue leakage for

publisher tougher stance likely for business/vocational courses

The VC at Swindon University tells his librarian that 200 students from a new overseas campus need access to all library resources from Monday.

Contracts have been signed with the local government and partners.

What are the licensing considerations?

whose students are they is Swindon paying for the extra seats check on a case by case check licence terms before signing partner contracts! loss of revenue and number of customers for publishers others may feel a loss leader opportunity sales territorial conflict export restrictions, restrictions on content licences which contract prevails nemo dat rule – Swindon = contractual breach, overseas

campus = copyright infringement

Swindon want its “fellows and members” to have access to all its online library resources. “Fellows and members” consists of former students, former staff and a miscellany of other associated professionals.

What are the licensing considerations?

not a formal alumni association “other associated professionals” – educational purpose? membership fees = sublicensing? Swindon’s constitutional obligations – walk-in only? commercial usage? humanities v business school alumni

and societal v commercial publishing

University A merges with FE College B to form University C, a private university and a normal commercial limited company.

University C wants its students to use A and B’s online library resources.

What are the licensing considerations?

Swindon is a licensable entity distinct from A and B payment per user/user bands private for profit does not preclude educational purpose “public good” argument weaker for private for profit

universities for some companies market shrinkage for publisher if all mergers allowed customer reduction for publisher

CONCLUSIONS

• licences are portable - > Chest has no constraints on device or location

> old rules still apply – have you paid for the users, is usage educational, proper access controls

• the issues around device and location are technical