Preconference Wednesday, Nov. 3, 9:00 AM Negotiating plays a major role in library administration and operation: negotiating for a share of scarce personnel and financial resources; developing contracts with vendors and suppliers; and liaising effectively in cooperatives and other common interest groups. Join a seasoned group of library and information industry negotiators who will share their experience in defining objectives, devising strategies, and measuring success in negotiations.
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1. Negotiating with Vendors: Being Prepared
2010 Charleston Conference
Licensing Electronic Content
2. Whats a License?
Sanction granted by one party to another to perform activities that
are otherwise not permitted or clearly defined
Legal instrument establishing rights of BOTH parties
A contract; an agreement
Consists primarily of:
A body, with general terms/conditions
Appendixes/Attachments/Schedules, Exhibits addressing specific
terms/conditions/issues
3. Why Sign A License?
A verbal contract isnt worth the paper its printed on.
Samuel Goldwyn
Trust everybody, but cut the cards.
Finely Peter Dunne
Those who trust in chance must abide by the results of
chance.
Calvin Coolidge
4. Some Other Reasons
To affirm rights/privileges and define limits; to protect against
abuse
To specifically detail obligations
Traditional law/custom may not cover all relevant issues
Specific allowances may be available, but not defined
elsewhere
License supersedes other instruments (eg, if license prohibits ILL,
licensee cannot claim right under fair use)
5. Preparations: Your Institution
Confirm access is necessary
Do you have it via an aggregator, or a consortium?
Is it available for free (eg, Project Gutenberg) and is that
platform acceptable?
Do you hold the content (current or previously-published volumes)
or is it a new order?
May affect back-file access privileges or pricing
Have IP range on-hand, or where vendors can get it
IP info should be kept up-to-date up-to-the-minute
up-to-date)
Know IP number(s) of your proxy server
Know your internal selection/licensing process
Do you prefer to pay directly or via an agent?
Are your subs consolidated or spread out and how will this be
tracked?
Who executes the agreement?
Have institutions contact points on hand
Billing, technical issues, content decisions, etc
Know to which Shibboleth federation your institution belongs (if
any)
Know your link resolvers
6. Preparations: Your Vendor
Confirm if/where content exists online
Preview providers license/terms and conditions
Business/sales issues may be in different document from
terms/conditions
May have different licenses/terms for books and journals
Watch out for click-throughs
Will they bill through your subscription agent(s)?
Find out who has final say over prices, terms (know their
process)
Get contact names
Primary and back up
May be different contacts for tech support, customer service,
etc
7. Use
Content swaps/cancellations permitted?
Course packs/e-reserves?
Fair Use: addressed to your satisfaction?
ILL requirements (email? print? print/fax?)
MARC records supplied?
Reduced fees for non-subscribed materials?
Rent to own?
Statistics
COUNTER-compliant? SUSHI?
8. Access
Authentication
IP ranges vs passwords
Concurrent use restrictions
More common in database agreements than primary content
licenses
Devices: are there restrictions on downloading to readers?
DRM (more frequently encountered in e-book orders)
License vs purchase
Point of access
Who controls access/data publisher or third party host?
Post-cancellation rights
Via local media or servers? Third parties? Publishers
website?
Proxy servers permitted?
Important for remote access
10. Final Observations
Negotiations require information and patience
Understanding your institutions/groups strategy/needs regarding
e-content
Know whats negotiable and whats not
Dont negotiate piecemeal: think big picture
Be aware of the vendors requirements/objectives
Goal is a MUTUALLY-agreeable license
Negotiations shouldnt be acrimonious or personal
Dont be afraid to ask or explanations of anything
If you dont ask, you dont get (attributed to Gandhi)
11. Some resources
http://www.licensingmodels.com
http://www.licensingdigitalcontent.blogspot.com
http://www.library.yale.edu/~llicense/index.shtml
A Licensing Survival Guide for Librarians
http://www.informaworld.com/10.1080/15424060902932201
12. Contact Information
Adam Chesler
Alexandria, VA
Mobile Telephone:571-CHESLER
(571-243-7537)
E-Mail: [email protected]
