Plus ça Change…Current Developments in Licensing

Session Coordinator:

Ivy AndersonCalifornia Digital Libraryivy.anderson@ucop.edu

ICOLC Spring 2007Montreal

Speakers Plus ça Change…Current Developments in

Licensing (incl. Report from JISC) Ivy Anderson, CDL

License Term Encoding and License ExpressionNathan D.M. Robertson, U of Maryland School of Law (Co-Chair, NISO et al. Joint License Expression Working Group)

SERU Shared Resource UnderstandingChris Martire, PALINET

Plus ça Change… Survey results

Hot issue of the day

Report from JISC (courtesy of Hazel Woodward, Cranfield and Liam Earney, JISC Collections)

From the ridiculous to the sublime: ONIX-PL and SERU

Ivy’s Licensing Mini-Survey Use of model licenses

New clauses and provisions

Successes and challenges

Responses received from a small but representative bunch

Model Licenses 50 / 50

Other tools: Checklist of preferred terms RFP process

Models require customization for special circumstances

Tend to be more successful with smaller providers

Managing licensing overhead a concern whether models are or are not used

New Provisions 32 items

Old wine in new (?) bottles ILL, coursepacks, remote access, COUNTER

compliance, ADA compliance, perpetual rights (for members / without fees), customer support, user support / marketing

New Provisions: Multiple Responses

Trusted 3rd party archiving via Portico &/or LOCKSS

Author right to self-archive

Downward price adjustment for author-funded publication

New Provisions: More Responses Support for new technologies / use modalities

Metasearch, RSS Text mining search engine harvesting

Data export Usage data, ERMs

Enhanced services citation mgmt, translation, personalization Customization based on user category

Broader user definitions Virtual walk-ins Affiliated users

Notification if a journal edited at a member institution is going out for tender

Successes & Not-So-Successes Successes

Vendor flexibility Cultivating vendor relationships Remote access, accessibility for disabled

Ongoing Struggles Vendor inflexibility ILL, coursepacks, governing law, breach clauses Pricing & cancellation allowances

Model licenses: mixed results

Hot issue of the Day: DRM

Just SAE No!

http://www.sae.org/servlets/pressRoom?OBJECT_TYPE=PressReleases&PAGE=showRelease&RELEASE_ID=556

SAE Publications Board to Review Digital Rights Management Controls for Students, Faculty

DETROIT, April 19, 2007 - SAE International's Publications Board temporarily will suspend full activation of Digital Rights Management (DRM) controls as applied on the Society's Digital Library of technical papers for licensees at colleges, universities and other academic institutions.

Other Challenges

Title list management! Tracking changes Tracking archival rights Losing access to backfile when titles change publishers

Licensing and license management! Time & expertise Informing members of usage terms and incorporating

into workflows “We used to just buy a book, why can't we just buy an

electronic book. As my VP Finance says ‘Why is it so difficult to spend money?’.”

JISC CollectionsLicensing activities

JISC Licensing Workshops

3 workshops for librarians held November / December 2006

Very well received - over 100 librarians attended

December 2006 workshop for publishers to disseminate finding from librarians workshop – also well attended

JISC licences

Basis of all JISC Collections & NESLi2 agreements based on JISC Model Licence

However, increasingly finding the licence does not meet the increasingly diverse need of the higher education community

Strong drive from UK government for universities to collaborate both within the education sector & externally with business & industry. This impacts upon library services

Top 5 licensing priorities for librarians

After a series of presentations & wide ranging discussion, librarians at all 3 workshops were asked to identify their top 5 priorities for JISC Collections to address

Top 5 priorities

1. JISC Collections to provide the community with licence agreements in machine readable format so that they are ready for import into electronic resource management systems (ERMs)

Top 5 priorities

2. Amendments to the Model Licence to include remote access for:

– People working for the benefit of the institution but not employed by them, for example, further education tutors & National Health Service lecturers teaching higher education students

– Retired members of staff

Top 5 priorities

Optional ‘bolt-ons’ to the Model Licence for defined user groups, for example:– Partner organisations in the UK & overseas– Small commercial spin-off enterprises– Staff & students on courses delivered by a

consortium of universities– Defined user groups within the National Health

Service

Top 5 priorities

4. Additional pricing models for licences for a small numbers of users of specialist resources within a larger institution.

(Whilst site wide access remains a primary goal – the high cost of resources can sometimes prohibit take-up of resources needed to support small faculties)

Top 5 priorities

5. Clarity regarding terminology used in the Model Licence. Librarians report that they often receive inconsistent interpretation clauses or definitions in the Model Licence, sometimes from the same publisher. The definition of ‘authorised user’ in particular requires further delineation

Next Steps

ONIX-Publishers Licence JISC funded a project to map the JISC and

NESLi2 model licences to the ONIX- Publishers Licence format

JISC also funded a project to create an open source tool for the creation of licences in the ONIX-PL format

Next Steps 2

ONIX PL and JISC Collections JISC Collections insisted that the licence

expressions were an exact representation of the model licence and sought the level of granularity contained within the licence

In Spring 2007 JISC Collections and EDitEUR started work on creating ONIX-PL versions of all JISC Collections and NESli2 licences with publishers, aggregators and content owners

Next Steps 3

Dissemination of the XML Licences By Summer 2007 JISC Collections expects

to have a critical mass of its licences available in the ONIX-PL format

JISC Collections is also tendering for an ERM which it will use to communicate the licence expressions to other institutional ERMs

Next Steps 4

Amendments to the model licence JISC Collections is preparing letters of

novation for all its agreements amending the definition of Authorised User to include those working for the benefit of the institution but not employed by it and retired staff

Next Steps 5

Bolt On Licence clauses Preparation of additional licence clauses to

be ‘bolted on’ to the standard licence to include – partner institutions based in UK and overseas– Commercial spin offs

Progress will be shown at:– www.jisc-collections.ac.uk

Onward!

License Term Encoding and License ExpressionNathan D.M. Robertson, U of Maryland School of Law (Co-Chair, NISO et al. Joint License Expression Working Group)

SERU Shared Resource UnderstandingChris Martire, PALINET