Published on August 27, 2007
Licensing in the Real World:the Ins & Outs of Licensing Agreements: Licensing in the Real World: the Ins andamp; Outs of Licensing Agreements Edith Starbuck andamp; Jane Thompson AITandamp;L Health Sciences Library Key Licensing Definitions (Vary from Vendor to Vendor): Key Licensing Definitions (Vary from Vendor to Vendor) = UC Med Center OR All of UC? = Here? There? Everywhere? Model License: Model License Online Journals Access by IP address Permits remote access Includes all of UC All the contents immediately available No ILL restrictions Updateable by local account administrator Full-text and database resources Access by IP address Permits remote access Includes all of UC Important Licensing Details: Important Licensing Details Archival access maintained? Provide usage statistics? What are the specific conditions of use? Is there a stipulation for confidentiality and what does that mean? What are the repercussions for license violation? Licensing Differences Between Formats: Licensing Differences Between Formats Volume of license agreements Many more for individual online journals andamp; journal collections than for full-text andamp; database resources Restrictions Generally more restrictive for online journals than for full-text andamp; database resources Process Most journal licenses are very simple Online journal license approvals stay within the library whereas full-text andamp; database resources require legal counsel input Licensing Similarities Between Formats: Licensing Similarities Between Formats Technical set-up Generally the same level of complexity Process Generally the same basic elements in the license agreements Requires same monitoring process for renewals Licensing ManagementOnline Databases & Texts: Licensing Management Online Databases andamp; Texts In 1994, mostly CDs, very few texts Licensing straightforward – library use only License agreement handled within the library Exceptions: campus wide database access via a CD tower AITandamp;L CD tower access not possible after switch to Windows Licensing ManagementOnline Databases & Texts: Licensing Management Online Databases andamp; Texts Became UC Health Sciences policy (’97) to move to web whenever possible License agreements became more complicated (online journals too) Everyone uncertain how to best handle web resources License agreements varied from vendor to vendor Systems not as stable then Licensing ManagementOnline Databases & Texts: Licensing Management Online Databases andamp; Texts Initially licensing still handled in-house Currently all licensing agreements must be approved by a lawyer Licensing Management:Online Journals—Early Days: Licensing Management: Online Journals—Early Days The First Electronic Journal! (1998) What are IP addresses? Why can’t people get into JBC? Licensing Management:Journals—The Middle Years: Licensing Management: Journals—The Middle Years Honeymoon time of free access The shoe drops—Big Time! Licensing Management:Getting Real: Licensing Management: Getting Real Take Charge of the Text Get it in Writing Document Everything Licensing Challenges: Licensing Challenges May be restricted to a workstation, the library, a building, etc. Lose control of licensing process when it must leave the library to be approved by the lawyer Licenses can be very restrictive andamp; expensive Determining what you are licensing Trying to find the license… Decision – is it worth it? Licensing Challenges (cont.): Licensing Challenges (cont.) Numerous originators of institutional licenses at UC UC – HSL for all UC - Langsam for all Langsam for East andamp; West campuses only HSL for East andamp; West campuses only Either for select groups on both East andamp; West campuses Too many cooks? Online Subscription Challenges : Online Subscription Challenges Not notified when URL changes Not notified when publisher changes andamp; can no longer access journal or journal updates Subscriptions expire throughout the year, publisher may or may not notify before discontinuing access When publishers change the pricing formula, sometimes requires redoing the license completely Horror Stories: Horror Stories Vendor manipulates us into subscribing to a very expensive collection… CD ROM product with several titles on one CD Web vendor requires a 'live' email address to be used for the username Web vendor does not provide access by IP address but is upset with the idea of posting the username/password to the web page Horror Stories from the “serial killer”: Horror Stories from the 'serial killer' Nature Wiley American Society for Microbiology BMJ Recommendations: Recommendations Cultivate relationships with those involved with the licensing process Learn as much as possible about how to make the process go smoothly, especially if legal counsel is involved Recommendations (cont.): Recommendations (cont.) Strengthen relationship with your user groups Create an efficient notification process (email distribution list) Communicate copying restraints to ILL Document, document Database helps to track everything Recognize the time commitment And Finally…: And Finally… Cool heads prevail!