THE EFFECT OF LICENSING ON RESOURCE SHARING

Kirsten Houtman & Eric Robinson

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Definitions

Types of Agreements• Licenses / Contracts

• Terms and Conditions

What License Negotiating is done within WiLS

Agreements

• Licenses / Contracts

• Terms and Conditions

• Click through licensesResources

• Datasets

• Ebooks

• Images

• Journals/Databases

Current License Scenario at WiLS

• A mix of old and new licenses (1996-2012)

• Most group licenses have been scanned

• Many licenses have been reviewed and assessed for rights

• Some licenses have been posted to a secure area on our website

• Other licenses from large vendors such as EBSCO and ProQuest have been signed at the indivual institution level and cover most anything that is added by an institution

When do we even want a new license?

• Requests from a member

• We are negotiating with a new vendor or for a new database

• ICOLC (icolc.net)

• Community standards and best practices

How successful are we at negotiating?

• What history does the vendor have with updating their licenses with other consortia

• Does a group have added sway

• What terms are we negotiating for and do our members want to walk away if we can’t get them

An Ideal License with standardized language

Not so ideal license

Here are some changes I would like to have made:¶ 2.1.4  "Course Packs shall be used only in electronic form".   Could this be changed to "Course Packs shall be used only in electronic form, unless copyright clearance is secured for them to appear in print, CD-ROM, DVD or other physical medium" ¶ 4.1.2  Could this be changed to the following:  "The ----- reserves the right to withdraw from the Licensed Materials any material which it no longer retains the right to publish, or which it has reasonable grounds to believe infringes on copyright or is defamatory, obscene or unlawful.   The ----- shall give written notice of the withdrawal to Licensee within sixty (60) days of the removal of any material pursuant to this section."¶ 4.2.1 Could this be changed to "Licensee agrees to the terms and conditions herein and shall use reasonable means to hold its Member Sites to the terms of this agreement.   Licensee represents and warrants that it has the right and authority to enter into this License Agreement and act on behalf of the Member Sites."¶ 4.2.2  We would like to see this removed¶ 6.4   We would like to see this removed

How we manage our licenses

Additional concerns with licensing and ebooks:

• Licenses don’t allow ILL or are silent

• When ILL is allowed, there may not be a workflow established or the permissions are restrictive

• Technically challenging because of downloading and printing limitations

• Time consuming to find out which ebook providers allow ILL

• libraries are failing to advocate for lending rights of ebooks

How can Electronic Resources Departments and ILL work more closely together?

• Communicate with one another

• Be familiar with ICOLC recommendations on licensing

• Advocate for lending rights, with particular attention to ebooks.

ICOLC.NET