The Government Marketplace:The Government Marketplace:Licensing and Negotiating in the Licensing and Negotiating in the

Electronic WorldElectronic World

Co-sponsored by FLICC and NFAISCo-sponsored by FLICC and NFAIS

Jane L. RosovJane L. Rosov

National Library of MedicineNational Library of Medicine

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DATA DISTRIBUTION PROGRAMDATA DISTRIBUTION PROGRAM

A part of NLM’s mission to collect, organize, and A part of NLM’s mission to collect, organize, and

disseminate the world’s biomedical information.disseminate the world’s biomedical information.

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Where is NLM?Where is NLM?Department of Health and Human Services Department of Health and Human Services

Public Health ServicePublic Health Service

National Institutes of HealthNational Institutes of Health

National Library of Medicine National Library of Medicine

Library OperationsLibrary Operations

Bibliographic Services DivisionBibliographic Services Division

MEDLARS Management SectionMEDLARS Management Section

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DATA LEASED BY NLMDATA LEASED BY NLM

MEDLINE MEDLINE • includes includes in-process recordsin-process records, so-called , so-called ‘specialty data’‘specialty data’ formerly formerly

residing in separate databases, and residing in separate databases, and out-of-scope-for-MEDLINEout-of-scope-for-MEDLINE records records

• no full-textno full-text• not the same as PubMednot the same as PubMed

TOXNET databases TOXNET databases • toxicology informationtoxicology information

Technical Services DatabasesTechnical Services Databases • serials and cataloging informationserials and cataloging information

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  SSeparate licenses for:eparate licenses for:

• Unified Medical Language System (UMLS)® Knowledge Unified Medical Language System (UMLS)® Knowledge Sources Sources – includes the UMLS Metathesaurus®, Semantic Network, and includes the UMLS Metathesaurus®, Semantic Network, and

SPECIALIST LexiconSPECIALIST Lexicon

• Visible Human Project®Visible Human Project®

DATA LEASED BY NLM, cont’dDATA LEASED BY NLM, cont’d

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RELATED DATA DISTRIBUTED BY NLM (NO RELATED DATA DISTRIBUTED BY NLM (NO

LICENSE)LICENSE) Can download at no cost:Can download at no cost: • Medical Subject HeadingsMedical Subject Headings (MeSH) (MeSH)

– www.nlm.nih.gov/mesh/filelist.htmlwww.nlm.nih.gov/mesh/filelist.html– requires completion of a brief online Memorandum of requires completion of a brief online Memorandum of

UnderstandingUnderstanding

•   PubMed Journal filesPubMed Journal files – pubmed.gov/entrez/getids_help.html#JournalListspubmed.gov/entrez/getids_help.html#JournalLists

•   List of Serials Indexed for Online UsersList of Serials Indexed for Online Users – www.nlm.nih.gov/tsd/serials/lsiou.htmlwww.nlm.nih.gov/tsd/serials/lsiou.html

•   Updates for Indexed Titles Updates for Indexed Titles – www.nlm.nih.gov/tsd/serials/jnlupdate.htmlwww.nlm.nih.gov/tsd/serials/jnlupdate.html

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ALTERNATIVES TO LEASINGALTERNATIVES TO LEASING No license needed to:No license needed to:• create web links from web sites to NLM servicescreate web links from web sites to NLM services such as such as

PubMed®, LocatorPlus and MEDLINEplus®PubMed®, LocatorPlus and MEDLINEplus®– pubmed.gov/query/static/linking.html pubmed.gov/query/static/linking.html – www.nlm.nih.gov/medlineplus/linking.htmlwww.nlm.nih.gov/medlineplus/linking.html

  • download small amounts of data from PubMeddownload small amounts of data from PubMed

– www.ncbi.nlm.nih.gov:80/entrez/utils/utils_index.htmlwww.ncbi.nlm.nih.gov:80/entrez/utils/utils_index.html – www.nlm.nih.gov/databases/download.htmlwww.nlm.nih.gov/databases/download.html– compliance with certain provisions of the license (e.g. copyright compliance with certain provisions of the license (e.g. copyright

and currency)and currency)

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OVERVIEWOVERVIEW www.nlm.nih.gov/databases/leased.htmlwww.nlm.nih.gov/databases/leased.html

• No chargesNo charges• No search softwareNo search software• NLM’s licensees may redistribute the leased dataNLM’s licensees may redistribute the leased data• U.S. organizations or NLM’s formally recognized U.S. organizations or NLM’s formally recognized

International MEDLARS Centers International MEDLARS Centers • Provide attribution to NLMProvide attribution to NLM• XML formatXML format

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OVERVIEW, cont.OVERVIEW, cont. • One standard licenseOne standard license

– Signed at NLM by Sheldon Kotzin, Chief, Signed at NLM by Sheldon Kotzin, Chief, Bibliographic Services Division, a part of NLM's Bibliographic Services Division, a part of NLM's Library OperationsLibrary Operations

– No tailored terms/conditionsNo tailored terms/conditions– Covers all leased databases (except UMLSCovers all leased databases (except UMLS®® and and

Visible Human ProjectVisible Human Project®®))– In effect until terminated by licensee or NLM In effect until terminated by licensee or NLM – Dynamic - revisions reviewed by NIH legal counselDynamic - revisions reviewed by NIH legal counsel

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KEY LICENSE REQUIREMENTSKEY LICENSE REQUIREMENTS

Section D: QUALITY ASSURANCESection D: QUALITY ASSURANCE

1.1. NLM shall:NLM shall:

a.a. Perform and make available updates and maintenance on its Perform and make available updates and maintenance on its data. data.

b.b. Evaluate, including testing, the Licensee's system to determine Evaluate, including testing, the Licensee's system to determine compliance with the License requirements.compliance with the License requirements.

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Section D: QUALITY ASSURANCE, cont.Section D: QUALITY ASSURANCE, cont.

2.2. The Licensee shall ...:The Licensee shall ...:

a.a. RetainRetain......a minimal set of data elementsa minimal set of data elements, some of which are , some of which are searchable.searchable.

b.b. AddAdd to the NLM databases to the NLM databases new recordsnew records...but ...but not less not less frequently than quarterly.frequently than quarterly.

c.c. Correct recordsCorrect records at the time new records are added, but at the time new records are added, but not less not less frequently than annuallyfrequently than annually..

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d.d. Provide timely announcementsProvide timely announcements to inform the Licensee's users to inform the Licensee's users of of significant errata and/or retractionssignificant errata and/or retractions identified by NLM. identified by NLM.

e.e. PerformPerform annual class maintenanceannual class maintenance on the records on the records in in MeSH‑based filesMeSH‑based files when MeSH terms are retained in the Licensee's when MeSH terms are retained in the Licensee's records.records.

f.f. Perform updates, maintenance, correctionsPerform updates, maintenance, corrections, and any value‑added , and any value‑added activity in such a way that activity in such a way that no elements in the records become no elements in the records become incorrectincorrect..

Section D: QUALITY ASSURANCE, cont.Section D: QUALITY ASSURANCE, cont.

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g.g. RetainRetain NLM records in a discrete file, or, NLM records in a discrete file, or, if a complete NLM if a complete NLM record is mergedrecord is merged with records from other sources, with records from other sources, labellabel the NLM the NLM record so as record so as to identify NLM as the sourceto identify NLM as the source. Obtain . Obtain written written permissionpermission from NLM to merge NLM records... from NLM to merge NLM records...

h.h. DescribeDescribe explicitly to users explicitly to users the contentsthe contents of the NLM database(s) of the NLM database(s) and and characterize accuratelycharacterize accurately the the capabilities of the Licensee's capabilities of the Licensee's retrieval systemretrieval system and the purpose for which the NLM database is and the purpose for which the NLM database is suitable and appropriate. Licensees must properly use suitable and appropriate. Licensees must properly use trademark trademark symbolssymbols when referring to NLM databases, systems, and products. when referring to NLM databases, systems, and products. Licensees must Licensees must name their productname their product in a fashion that in a fashion that clearly clearly distinguishes it from NLM‑produced databasesdistinguishes it from NLM‑produced databases accessible at the accessible at the Library.Library.

Section D: QUALITY ASSURANCE, cont.Section D: QUALITY ASSURANCE, cont.

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i.i. ProvideProvide adequate customer serviceadequate customer service to answer questions about the to answer questions about the NLM databases and the hardware and software necessary to use the NLM databases and the hardware and software necessary to use the Licensee's system.Licensee's system.

j.j. Provide a searching system that is sufficiently accurateProvide a searching system that is sufficiently accurate to retrieve to retrieve the same records or more relevant records when the identical search the same records or more relevant records when the identical search request is searched against the same database.request is searched against the same database.

k.k. Retrieve all records containing a specified value in a data Retrieve all records containing a specified value in a data elementelement if the user is desirous of doing so unless the Licensee if the user is desirous of doing so unless the Licensee clearly states specific limitations of the retrieval system. clearly states specific limitations of the retrieval system. 

l.l. TakeTake reasonable steps to ensure that users will not continue to reasonable steps to ensure that users will not continue to access productsaccess products containing NLM data containing NLM data that have become that have become supersededsuperseded by updated and/or maintained versions. by updated and/or maintained versions.

..

..

..

Section D: QUALITY ASSURANCE, cont.Section D: QUALITY ASSURANCE, cont.

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Section E. RESTRICTIONS ON USE, DUPLICATION, AND REDISTRIBUTION

• The Licensee shall inform its users that theThe Licensee shall inform its users that the duplication, duplication, resale, or redistribution of data obtained under this resale, or redistribution of data obtained under this Agreement mustAgreement must conform to conform to fair use guidelines and U.S. fair use guidelines and U.S. and international copyright lawand international copyright law. Any duplication, resale, . Any duplication, resale, or redistribution by the Licensee or its users… must also or redistribution by the Licensee or its users… must also conform to NLM's quality assurance requirements..., conform to NLM's quality assurance requirements..., copyright constraints...., copyright constraints...., andand usage reports... usage reports... Written Written approval from NLM isapproval from NLM is required before a non-U.S. licensee required before a non-U.S. licensee duplicates, resells, or redistributesduplicates, resells, or redistributes NLMNLM data...data...

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• The The Licensee shall issue the following notice regarding downloading Licensee shall issue the following notice regarding downloading and and subsequent re‑use of portions of NLM databases obtained from its products, subsequent re‑use of portions of NLM databases obtained from its products, irrespective of the medium on which it is provided.irrespective of the medium on which it is provided.

"Unless otherwise prohibited, organizations or institutions "Unless otherwise prohibited, organizations or institutions may download may download small amounts of NLM‑produced citations for redistributionsmall amounts of NLM‑produced citations for redistribution… Since … Since NLM makes corrections and enhancements to and performs maintenance on NLM makes corrections and enhancements to and performs maintenance on these records at least annually, you these records at least annually, you should plan to replace or correct the should plan to replace or correct the records once a yearrecords once a year to ensure that they are still correct and searchable as a to ensure that they are still correct and searchable as a group." group."

""NLM databasesNLM databases are produced by a U.S. government agency and as such the are produced by a U.S. government agency and as such the contents arecontents are not covered by copyright domestically. They may be not covered by copyright domestically. They may be copyrighted outside the U.S. copyrighted outside the U.S.

  

""All records must be identified as being derived from NLM databases.All records must be identified as being derived from NLM databases." "

Section E. RESTRICTIONS ON USE, DUPLICATION, AND REDISTRIBUTION, cont’d

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Section F. COPYRIGHT CONSTRAINTSSection F. COPYRIGHT CONSTRAINTS

• The The Licensee is required to display in full Licensee is required to display in full the following the following statement in order that its users be made aware of these statement in order that its users be made aware of these copyright constraints:copyright constraints:

““Some material in the NLM databases is from copyrighted Some material in the NLM databases is from copyrighted publications of the respective copyright claimants. Users of the publications of the respective copyright claimants. Users of the NLM databases are solely responsible for compliance with any NLM databases are solely responsible for compliance with any copyright restrictions and are referred to the publication data copyright restrictions and are referred to the publication data appearing in the bibliographic citations, as well as to the copyright appearing in the bibliographic citations, as well as to the copyright notices appearing in the original publications, all of which are notices appearing in the original publications, all of which are hereby incorporated by referencehereby incorporated by reference.”.”

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• The Licensee and its users shall be solely responsible The Licensee and its users shall be solely responsible for compliance with any copyright restrictionsfor compliance with any copyright restrictions; NLM ; NLM assumes no responsibility or liability associated with the assumes no responsibility or liability associated with the Licensee's (or any of the Licensee's users') use and/or Licensee's (or any of the Licensee's users') use and/or reproduction of copyrighted material. Anyone reproduction of copyrighted material. Anyone contemplating reproduction of all or any portion of any of contemplating reproduction of all or any portion of any of the NLM databases should the NLM databases should consult legal counselconsult legal counsel..

Section F. COPYRIGHT CONSTRAINTS, cont’dSection F. COPYRIGHT CONSTRAINTS, cont’d

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Section J. USER REPORTSSection J. USER REPORTS

UsageUsage of NLM databases by the Licensee's users and users of NLM databases by the Licensee's users and users of NLM databases redistributed or resold by the Licensee of NLM databases redistributed or resold by the Licensee must be reported at least annually to NLMmust be reported at least annually to NLM by all by all Licensees using NLM supplied report forms.Licensees using NLM supplied report forms.

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DOWNLOADING FROM NLMDOWNLOADING FROM NLM

www.nlm.nih.gov/databases/download.htmlwww.nlm.nih.gov/databases/download.html Although a signed license agreement is not needed, Although a signed license agreement is not needed, users must users must

ensure that all downloaded publicly accessible data stored in ensure that all downloaded publicly accessible data stored in electronic form for over one year must be in compliance with electronic form for over one year must be in compliance with the following provisions of the NLM license agreementthe following provisions of the NLM license agreement: :

a.a. Users of these data must be provided aUsers of these data must be provided a clear description clear description of how the of how the product/service was derived, product/service was derived, indicating the currency and the indicating the currency and the source databasesource database. .

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b.b. At least annually, the data must be correctedAt least annually, the data must be corrected to incorporate the to incorporate the maintenance NLM has made to these records during the year...maintenance NLM has made to these records during the year...

c.c. Consult legal counsel to ensure compliance with intellectual Consult legal counsel to ensure compliance with intellectual property laws. NLM cannot provide advice about copyright property laws. NLM cannot provide advice about copyright issuesissues. .

d.d. NLMNLM prefers that MeSH termsprefers that MeSH terms be retainedbe retained as assigned by the as assigned by the indexers. indexers.

e.e. The NLM record (or portion thereof) in the product/service The NLM record (or portion thereof) in the product/service must be labeled so as to identify NLM as the source…must be labeled so as to identify NLM as the source…

f.f. UseUse trademark symbolstrademark symbols when referring to the NLM databases, when referring to the NLM databases, system and products. A product/service using downloaded data must system and products. A product/service using downloaded data must be named in a fashion that be named in a fashion that clearly distinguishes it from clearly distinguishes it from NLM‑produced databasesNLM‑produced databases accessible at NLM. accessible at NLM.

DOWNLOADING FROM NLMDOWNLOADING FROM NLM www.nlm.nih.gov/databases/download.html,cont’dwww.nlm.nih.gov/databases/download.html,cont’d

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ContactContact

Jane L. RosovJane L. Rosov

e-mail – janer@nlm.nih.gove-mail – janer@nlm.nih.gov

voice - (301) 496-7706 voice - (301) 496-7706

MEDLARS Management SectionMEDLARS Management Section

National Library of MedicineNational Library of Medicine

8600 Rockville Pike8600 Rockville Pike

Bethesda, MD 20894Bethesda, MD 20894