Best Practices for Evaluating a New Electronic Resource Sponsored by The Committee on Relations with Information Vendors (CRIV) Prepared by: Rob Myers

Best Practices for Evaluating a Best Practices for Evaluating a New Electronic ResourceNew Electronic Resource

Sponsored by The Committee on Relations with Information Vendors (CRIV)Sponsored by The Committee on Relations with Information Vendors (CRIV)

Prepared by:Prepared by:Rob MyersRob MyersAssociate Director for Collections,Associate Director for Collections,Acquisitions and PlanningAcquisitions and PlanningThe Judge Ben C. Green School of LawThe Judge Ben C. Green School of LawCase School of LawCase School of LawCase Western Reserve UniversityCase Western Reserve UniversityCleveland, OhioCleveland, Ohio

With assistance from:With assistance from:Judith KaulJudith KaulElectronic Resources & Electronic Resources & IP Reference LibrarianIP Reference LibrarianThe Judge Ben C. Green Law LibraryThe Judge Ben C. Green Law LibraryCase School of LawCase School of LawCase Western Reserve UniversityCase Western Reserve UniversityCleveland, OhioCleveland, Ohio

Presented by:Presented by:

Brandi LedferdBrandi Ledferd

Technical Services LibrarianTechnical Services Librarian

K&L Gates LLPK&L Gates LLP

Seattle, WashingtonSeattle, Washington

With:With:

Shaun EspositoShaun Esposito

Head of Public ServicesHead of Public Services

University of Arizona Law LibraryUniversity of Arizona Law Library

Tucson, ArizonaTucson, Arizona

Ed EdmondsEd Edmonds

Associate Dean for Library and Information Associate Dean for Library and Information

Technology, Professor of LawTechnology, Professor of Law

Kresge Law LibraryKresge Law Library

Notre Dame Law SchoolNotre Dame Law School

Notre Dame, IndianaNotre Dame, Indiana

Best Practices DefinedBest Practices Defined Best practices is a concept that migrated from the business Best practices is a concept that migrated from the business

community to the academic world as part of knowledge community to the academic world as part of knowledge management. management.

Organizations gather information about the practices of other Organizations gather information about the practices of other organizational units of comparable size and scope. They organizational units of comparable size and scope. They compare the outside organizations with each other and with compare the outside organizations with each other and with themselves to identify the best practices in their areas of themselves to identify the best practices in their areas of interest. interest.

The term "best practices" is often used interchangeably with The term "best practices" is often used interchangeably with other terms such as "effective practices" or "guidelines" or other terms such as "effective practices" or "guidelines" or "standards.“"standards.“

From “Library Best Practice for Print and Online Periodicals.” Montgomery College Libraries, From “Library Best Practice for Print and Online Periodicals.” Montgomery College Libraries, Montgomery County, Maryland, viewed July 4, 2011. Montgomery County, Maryland, viewed July 4, 2011. http://www.montgomerycollege.edu/~nnyland/Periodicalsbestpractices.html

Focus of Presentation is on Evaluating Focus of Presentation is on Evaluating Online Commercial DatabasesOnline Commercial Databases

Many of the principles also transfer to e-books, CD-ROMs, and other media.Many of the principles also transfer to e-books, CD-ROMs, and other media.

The presentation will not address specifics of license agreements as they are The presentation will not address specifics of license agreements as they are covered in two other CRIV sponsored programs: G4 “Anatomy of a License covered in two other CRIV sponsored programs: G4 “Anatomy of a License Agreement” on Monday at 2:15 pm and H1 “Getting to Yes for Your Library: Agreement” on Monday at 2:15 pm and H1 “Getting to Yes for Your Library: Negotiation Contracts in Your Favor” on Tuesday at 9:00 am and co-sponsored Negotiation Contracts in Your Favor” on Tuesday at 9:00 am and co-sponsored with PLL.with PLL.

The presentation will not discuss at any length the design and development of The presentation will not discuss at any length the design and development of an e-resource Collection Development Policy as this topic merits an entire an e-resource Collection Development Policy as this topic merits an entire program in itself and tends to be very library specific based on the subject program in itself and tends to be very library specific based on the subject specialties of the institution.specialties of the institution.

Discussion of electronic resource management is limited to only those aspects Discussion of electronic resource management is limited to only those aspects impacting the selection process. We will not discuss at any length impacting the selection process. We will not discuss at any length organization and access to e-resources, Content Management Systems, organization and access to e-resources, Content Management Systems, Electronic Resource Management Systems, or preservation of e-resources. Electronic Resource Management Systems, or preservation of e-resources.

While much of the criteria in this program can be applied to e-book While much of the criteria in this program can be applied to e-book collections, e-books are addressed in the program “E-books and the Future of collections, e-books are addressed in the program “E-books and the Future of Legal Publishing” on Tuesday, from 10:45 to 11:30.Legal Publishing” on Tuesday, from 10:45 to 11:30.

What are the Best Practices for What are the Best Practices for Evaluating a New Electronic Resource? Evaluating a New Electronic Resource?

1.1. Develop an e-resource Collection Development Policy Develop an e-resource Collection Development Policy that fits the needs and goals of your institution and that fits the needs and goals of your institution and integrates electronic resources within the array of integrates electronic resources within the array of other collection formats in your library.other collection formats in your library.

2.2. ““Try before you Buy” – Always get a trial from the e-Try before you Buy” – Always get a trial from the e-publisher before agreeing to purchase.publisher before agreeing to purchase.

3.3. Obtain stakeholder involvement before deciding to Obtain stakeholder involvement before deciding to purchase.purchase.

4.4. Use an “Electronic Resource Evaluation Checklist” to Use an “Electronic Resource Evaluation Checklist” to ensure you look at all facets of the particular e-ensure you look at all facets of the particular e-resource.resource.

Best Practices ContinuedBest Practices Continued

5.5. Perform a cost benefit-analysis.Perform a cost benefit-analysis.

6.6. Benchmark- Before, during and after the acquisition is Benchmark- Before, during and after the acquisition is made.made.

7.7. Monitor usage statistics regularly (and especially Monitor usage statistics regularly (and especially before renewing a subscription).before renewing a subscription).

8.8. Develop and implement library workflows, policies, and Develop and implement library workflows, policies, and procedures for evaluating, selecting, and accessing e-procedures for evaluating, selecting, and accessing e-resources that are tailored to the goals and needs of resources that are tailored to the goals and needs of your library and promote the use of your collection of your library and promote the use of your collection of e-resources.e-resources.

Life Cycle of an E-ResourceLife Cycle of an E-ResourceSeven PhasesSeven Phases

1.1. Discovery- Awareness of a new or existing e-resource originates Discovery- Awareness of a new or existing e-resource originates from an attorney, paralegal, faculty member, student, librarian, from an attorney, paralegal, faculty member, student, librarian, or publisher brochure. Awareness may also arise out of some or publisher brochure. Awareness may also arise out of some recognized need and then researched in a directory of e-recognized need and then researched in a directory of e-resources, other selection tool, or posed as a question to a resources, other selection tool, or posed as a question to a listserv to find a fitting e-resource solution.listserv to find a fitting e-resource solution.

2.2. Trial- It is a good practice to always try out an e-resource before Trial- It is a good practice to always try out an e-resource before deciding to subscribe or purchase. A trial may include additional deciding to subscribe or purchase. A trial may include additional stakeholders other than just librarians. Nearly all publishers stakeholders other than just librarians. Nearly all publishers now accommodate trials of their e-resources before deciding to now accommodate trials of their e-resources before deciding to subscribe.subscribe.

3.3. Evaluation- The process of gathering and analyzing information Evaluation- The process of gathering and analyzing information gained from the trial, completing an Electronic Resource gained from the trial, completing an Electronic Resource Evaluation Checklist, reading/evaluating the license agreement, Evaluation Checklist, reading/evaluating the license agreement, and performing a cost benefit analysis.and performing a cost benefit analysis.

Life Cycle of an E-ResourceLife Cycle of an E-ResourceSeven Phases ContinuedSeven Phases Continued

4.4. Selection- Based on results from the trial, the E-Resource Selection- Based on results from the trial, the E-Resource Evaluation Checklist, the cost benefit analysis, and satisfaction Evaluation Checklist, the cost benefit analysis, and satisfaction with the clauses in the license agreement, a decision is made with the clauses in the license agreement, a decision is made whether to subscribe or purchase the e-resource. (You may whether to subscribe or purchase the e-resource. (You may be evaluating competing e-resources in which case you would be evaluating competing e-resources in which case you would select the one which best suits your needs and budget.)select the one which best suits your needs and budget.)

5.5. Acquisition- The process of informing the publisher that you Acquisition- The process of informing the publisher that you would like to purchase the database. While negotiation of would like to purchase the database. While negotiation of price and clauses in the license agreement can take place at price and clauses in the license agreement can take place at any point along the life cycle, it is at this point that final any point along the life cycle, it is at this point that final negotiation takes place. A publisher is most likely to relent negotiation takes place. A publisher is most likely to relent somewhat on price and minor changes to the license somewhat on price and minor changes to the license agreement when they know that a deal is nearly in hand. agreement when they know that a deal is nearly in hand.

Life Cycle of an E-ResourceLife Cycle of an E-ResourceSeven Phases ContinuedSeven Phases Continued

6.6. Access- This is the phase at which you inform patrons of the Access- This is the phase at which you inform patrons of the availability of the new e-resource, provide points of access for availability of the new e-resource, provide points of access for patrons to use it, place information regarding the e-resource patrons to use it, place information regarding the e-resource in the library’s ERM system or homegrown equivalent, and in the library’s ERM system or homegrown equivalent, and passwords if needed. The points of access you use depend passwords if needed. The points of access you use depend on each library’s bibliographic access policies. Examples on each library’s bibliographic access policies. Examples include placing bibliographic records and links in the library include placing bibliographic records and links in the library catalog, placement in an a A-Z list or subject list on the catalog, placement in an a A-Z list or subject list on the library’s webpage, and/or placement in a database of library library’s webpage, and/or placement in a database of library databases. Examples of ways to inform the patron base of databases. Examples of ways to inform the patron base of new resources include placing the e-resource on the library’s new resources include placing the e-resource on the library’s new acquisition list, notification in the library’s newsletter, new acquisition list, notification in the library’s newsletter, broadcast e-mail, or simply by placing “new” next to the broadcast e-mail, or simply by placing “new” next to the name of the e-resource in the library’s database list.name of the e-resource in the library’s database list.

Life Cycle of an E-ResourceLife Cycle of an E-Resource

7.7. Decision to Renew or Cancel- As the time to renew an e-Decision to Renew or Cancel- As the time to renew an e-resource nears, a decision to renew or cancel the subscription resource nears, a decision to renew or cancel the subscription must be made. Factors influencing the decision include usage, must be made. Factors influencing the decision include usage, reliability of the interface (technical issues), receptivity of the reliability of the interface (technical issues), receptivity of the patron base, responsiveness of the vendor in addressing issues, patron base, responsiveness of the vendor in addressing issues, and whether better or more cost-effective competing e-and whether better or more cost-effective competing e-resources have emerged during the subscription periodresources have emerged during the subscription period

We will examine the first four phases of the life cycle during this We will examine the first four phases of the life cycle during this presentation though not nearly in the strict order presented presentation though not nearly in the strict order presented above.above.

Loosely adapted from Sadeh, Tamar and Mark Ellingsen. Loosely adapted from Sadeh, Tamar and Mark Ellingsen. “Electronic Resource Management Systems: The Need and the “Electronic Resource Management Systems: The Need and the Realization.” Realization.” New Library WorldNew Library World 106, no. 5/6 (2005). 106, no. 5/6 (2005).

Stakeholders in the Selection ProcessStakeholders in the Selection Process Librarians – It is essential to have your co-workers onboard!Librarians – It is essential to have your co-workers onboard!

Reference/Public Services Librarians/Subject Specialists- They must Reference/Public Services Librarians/Subject Specialists- They must use the resource for reference, for teaching, and for training use the resource for reference, for teaching, and for training purposes. purposes.

Electronic Services Librarians- They must answer and handle all Electronic Services Librarians- They must answer and handle all resulting complaints and technical issues.resulting complaints and technical issues.

Catalogers/Bibliographic Access Librarians- They need to address Catalogers/Bibliographic Access Librarians- They need to address how the database can be cataloged and presented on the library’s how the database can be cataloged and presented on the library’s website. (e.g. top level linking v. title level deep-linking)website. (e.g. top level linking v. title level deep-linking)

Patron base- Attorneys, paralegals, faculty members, students, Patron base- Attorneys, paralegals, faculty members, students, and public patrons must like it and have a good enough and public patrons must like it and have a good enough experience obtaining relevant results to be repeat users.experience obtaining relevant results to be repeat users.

IT Staff- IT may or may not need to be involved in the selection IT Staff- IT may or may not need to be involved in the selection process though it is best to include them up front should process though it is best to include them up front should something unforeseen happen such as firewalls blocking access.something unforeseen happen such as firewalls blocking access.

Essential E-Resource Discovery ToolsEssential E-Resource Discovery Tools Gale Directory of Databases, 34Gale Directory of Databases, 34thth ed. ed. Detroit: Gale, Cengage Learning, 2011. Detroit: Gale, Cengage Learning, 2011.

(Vols. 1-3 are devoted to online databases(Vols. 1-3 are devoted to online databases.) .)

Law and Legal Information Directory, 23Law and Legal Information Directory, 23rdrd ed. ed. Detroit, Gale Cengage Learning, Detroit, Gale Cengage Learning, 2011. (Contains section on Electronic Resources within chapter on Legal 2011. (Contains section on Electronic Resources within chapter on Legal Publishers.)Publishers.)

Ken Svengalis’ Ken Svengalis’ Legal Information Buyer’s Guide and Reference Manual ,Legal Information Buyer’s Guide and Reference Manual , N. N. Stonington, CT: Rhode Island LawPress, 2010. (Contains a chapter on Stonington, CT: Rhode Island LawPress, 2010. (Contains a chapter on computer-assisted legal research. Note: the 2011 edition has just been computer-assisted legal research. Note: the 2011 edition has just been released.) released.)

Websites- Both publisher/aggregator websites and other library/consortia Websites- Both publisher/aggregator websites and other library/consortia websites.websites.

Blog Posts - Reviews of e-resources appear on numerous blog posts (Nina Blog Posts - Reviews of e-resources appear on numerous blog posts (Nina Platt’s Platt’s Strategic LibrarianStrategic Librarian, LLRX.com, Three Geeks and a Law Blog, Law , LLRX.com, Three Geeks and a Law Blog, Law Librarian Blog, to name a few).Librarian Blog, to name a few).

Library trade magazines (Library trade magazines (ChoiceChoice, , BooklistBooklist, , College and Research Libraries College and Research Libraries NewsNews, , Library JournalLibrary Journal, , SpectrumSpectrum, etc.), etc.)

E-newsletters and e-zines (e.g. the E-newsletters and e-zines (e.g. the Scout ReportScout Report, http://scout.wis.edu and , http://scout.wis.edu and D-D-LibMagazineLibMagazine www.dlib.org.) www.dlib.org.)

The E-Resource Evaluation ChecklistThe E-Resource Evaluation Checklist

Reasons for using an E-Resource Evaluation Reasons for using an E-Resource Evaluation Checklist:Checklist:

Ensures that you are making the best selection Ensures that you are making the best selection decision.decision.

Serves as a guide so that all necessary Serves as a guide so that all necessary questions regarding an e-resource get asked questions regarding an e-resource get asked and answered.and answered.

Enables and fosters fiscal responsibility and aids Enables and fosters fiscal responsibility and aids in budgeting.in budgeting.

Keeps all the information about an e-resource in Keeps all the information about an e-resource in one location (if not using an ERMS).one location (if not using an ERMS).

Provides documentation that you are doing your Provides documentation that you are doing your job and fill a need within the institution.job and fill a need within the institution.


E-Resource Evaluation Checklists Generally E-Resource Evaluation Checklists Generally Focus on Five Areas:Focus on Five Areas:

Content and authorityContent and authority Usability and design Usability and design Technical issues, training and supportTechnical issues, training and support License agreement issuesLicense agreement issues Cost and budgetary considerationsCost and budgetary considerations

Ways in which E-Resource Evaluation Ways in which E-Resource Evaluation Checklists are maintained:Checklists are maintained:

Electronically (ERMS or other database, PDF Electronically (ERMS or other database, PDF form, Word document, Spreadsheet)form, Word document, Spreadsheet)

As paper formsAs paper forms

The E-Resource Evaluation ChecklistThe E-Resource Evaluation ChecklistSpecific Criteria to IncludeSpecific Criteria to Include

Content Appropriateness- originality, uniqueness, Content Appropriateness- originality, uniqueness, authority authority

Currency and Archives- also embargos and number Currency and Archives- also embargos and number of documents or recordsof documents or records

User Interface- ease of use, intuitivenessUser Interface- ease of use, intuitiveness Search Capability- Basic, advanced, Boolean, full-Search Capability- Basic, advanced, Boolean, full-

text, sorting search results, etc.text, sorting search results, etc. Browsing Capability- index, table of contents, linking Browsing Capability- index, table of contents, linking

to previous/subsequent sectionsto previous/subsequent sections Display Formatting- HTML, PDF, etc.Display Formatting- HTML, PDF, etc. Printing & Downloading – PDF, copy and pastePrinting & Downloading – PDF, copy and paste Clipping and/or e-mail servicesClipping and/or e-mail services Compatibility with Mobile Devices and Mobile AppsCompatibility with Mobile Devices and Mobile Apps


Copyright for ILL and Course Pack PurposesCopyright for ILL and Course Pack Purposes Access- Passwords, IP Recognition, and VPNAccess- Passwords, IP Recognition, and VPN End-User Support- phone support, online support End-User Support- phone support, online support

availabilityavailability End-User Training- In person, telephone, online, End-User Training- In person, telephone, online,

online tutorials, user guidesonline tutorials, user guides Technical Support- hours of availabilityTechnical Support- hours of availability User Statistics- availability and type providedUser Statistics- availability and type provided Bill Back Mechanisms- Hourly and/or transactionalBill Back Mechanisms- Hourly and/or transactional Marc Records AvailabilityMarc Records Availability Deep Linking- Allows for cataloging at the title level Deep Linking- Allows for cataloging at the title level Cost and Type of Subscription: Annual Subscription, Cost and Type of Subscription: Annual Subscription,

Perpetual Access, Digital Ownership, etc.Perpetual Access, Digital Ownership, etc.


Bench Marking- What others have said about the Bench Marking- What others have said about the resource (other firms, during library association resource (other firms, during library association meetings and lunches, literature reviews, blogs, meetings and lunches, literature reviews, blogs, guides, posts to law-lib and other lists, etc.)guides, posts to law-lib and other lists, etc.)

And Lastly, the License Agreement- Discussed in And Lastly, the License Agreement- Discussed in depth in other programs but need to recognize that a depth in other programs but need to recognize that a license agreement is very influential in the decision-license agreement is very influential in the decision-making process especially where it is overly making process especially where it is overly restrictive (e.g. not allowing for ILLs or Course Pack restrictive (e.g. not allowing for ILLs or Course Pack copies).copies).


A sample E-Resource Evaluation Checklist is A sample E-Resource Evaluation Checklist is provided in the handouts on AALL2GOprovided in the handouts on AALL2GO

Electronic Resource Evaluation Checklist Form.pdf

Selection and Coordination of an E-Selection and Coordination of an E-Resource Trial Focus GroupResource Trial Focus Group

Reasons for using a Trial Focus Group:Reasons for using a Trial Focus Group: Obtain stakeholder buy-in for the e-resource.Obtain stakeholder buy-in for the e-resource. Due diligence:Due diligence:

End-users (Attorneys, Students, Faculty members) End-users (Attorneys, Students, Faculty members) may discover something, good or bad, about the may discover something, good or bad, about the resource that might otherwise have been resource that might otherwise have been overlooked.overlooked.

IT Staff might uncover a technical issue that IT Staff might uncover a technical issue that otherwise might not have been found. Even if found otherwise might not have been found. Even if found after the purchase/subscription has been entered, IT after the purchase/subscription has been entered, IT Staff tend to be more receptive to helping if they Staff tend to be more receptive to helping if they were included on the front end rather than just when were included on the front end rather than just when help is needed.help is needed.

It has a marketing effect (albeit limited) of It has a marketing effect (albeit limited) of promoting use of the e-resource.promoting use of the e-resource.


Reason for not using a Trial Focus Reason for not using a Trial Focus Group or at least limiting it to just a Group or at least limiting it to just a few select librarians and close few select librarians and close others:others:

You may find that certain demanding You may find that certain demanding faculty, students, attorneys, etc. try the faculty, students, attorneys, etc. try the database and say they must have it even database and say they must have it even though, on balance, the resource is not very though, on balance, the resource is not very good and not worth the money.good and not worth the money.


It is a good idea to invite at least one member of each It is a good idea to invite at least one member of each of the stakeholder groups. (They may decline, but at of the stakeholder groups. (They may decline, but at least they can’t complain they were not informed or least they can’t complain they were not informed or invited.):invited.):

Librarians (especially reference and Librarians (especially reference and bibliographic access librarians)bibliographic access librarians)

End-users (attorneys, faculty members, students, End-users (attorneys, faculty members, students, judges, clerks)judges, clerks)

May want to use attorneys on the firm library May want to use attorneys on the firm library committeecommittee

May want to use students and faculty members on the May want to use students and faculty members on the law school library committee.law school library committee.

IT Department StaffIT Department Staff


Types of E-Resource Trial Focus Groups:Types of E-Resource Trial Focus Groups: Limit to just librarians.Limit to just librarians. Limit to librarians and select IT staff.Limit to librarians and select IT staff. Limited to librarians, select IT staff, and select attorneys, Limited to librarians, select IT staff, and select attorneys,

select faculty members, and select students)select faculty members, and select students) An example of this is to use the members of your existing library An example of this is to use the members of your existing library

committee.committee. Another example is to create a standing committee made up of Another example is to create a standing committee made up of

librarians and attorneys/faculty member/students whose purpose is librarians and attorneys/faculty member/students whose purpose is to trial e-resources.to trial e-resources.

A final example is a standing committee of librarians with an A final example is a standing committee of librarians with an interchanging mix of attorneys or faculty members (the liaison interchanging mix of attorneys or faculty members (the liaison model in many academic libraries.)model in many academic libraries.)

Open the survey to entire localized library community via Open the survey to entire localized library community via web and provide link to online survey. (Example: web and provide link to online survey. (Example: University of South Carolina Coleman Karesh Law University of South Carolina Coleman Karesh Law Library)Library)





Suggestions for devising questions for the Suggestions for devising questions for the e-resource focus group trial:e-resource focus group trial:

Have the questions available prior to running Have the questions available prior to running the trial. (SurveyMonkey or Zoomerang are the trial. (SurveyMonkey or Zoomerang are useful tools for gathering and analyzing useful tools for gathering and analyzing answers.)answers.)

Make the process simple for the members of Make the process simple for the members of the trial group so that they will want to the trial group so that they will want to continue in the role.continue in the role.

Use multiple choice and/or close-ended Use multiple choice and/or close-ended questions for simplicity.questions for simplicity.

Keep questions broad and simple. You are Keep questions broad and simple. You are looking for the reactions of the average user.looking for the reactions of the average user.


A sample questionnaire for participants of an e-A sample questionnaire for participants of an e-resource trial is provided in the handouts on resource trial is provided in the handouts on

AALL2GOAALL2GO

Sample Questions for Participants of E-Resource Trials.pdf

The Cost-Benefit Analysis The Cost-Benefit Analysis Factors to consider:Factors to consider:

The database you are interested in versus competitors’ The database you are interested in versus competitors’ offerings (In this case you may want to run similar database offerings (In this case you may want to run similar database trials simultaneously.)trials simultaneously.)

The database you are interested in and there are no The database you are interested in and there are no competitors.competitors.

The database you are interested in versus print formats and The database you are interested in versus print formats and other formats already in the library.other formats already in the library.

The database you are interested in versus group The database you are interested in versus group subscription rates through a formal consortium such as subscription rates through a formal consortium such as NELLCO or OhioLINK or an informal grouping of libraries. NELLCO or OhioLINK or an informal grouping of libraries.

The database you are interested versus free on the web The database you are interested versus free on the web (e.g. Free EDGAR versus a commercial version).(e.g. Free EDGAR versus a commercial version).

The Cost-Benefit Analysis The Cost-Benefit Analysis Additional Factors to consider:Additional Factors to consider:

Just in Case v. Just in time:Just in Case v. Just in time:

Subscribe just in case someone needs it (mainly Academics)Subscribe just in case someone needs it (mainly Academics)

vs.vs.

Being able to obtain an item just at the time someone Being able to obtain an item just at the time someone needs it.needs it.

Examples of Just in time:Examples of Just in time: Pay per use subscriptions (i.e., PACER)Pay per use subscriptions (i.e., PACER) Pay via Credit Card (Lexis stopped this practice in May Pay via Credit Card (Lexis stopped this practice in May

2011, Westlaw and many public record websites continue 2011, Westlaw and many public record websites continue to offer it.)to offer it.)

Interlibrary LoansInterlibrary Loans

The Cost-Benefit Analysis The Cost-Benefit Analysis Subscription v. Perpetual Access v. Digital Ownership v. Purchase Plus Subscription v. Perpetual Access v. Digital Ownership v. Purchase Plus

AccessAccess

Subscription- This is the traditional license agreement to “lease” licensed Subscription- This is the traditional license agreement to “lease” licensed material for a specified term at a specified cost. When the subscription material for a specified term at a specified cost. When the subscription term ends, access to all the material also ends. The typical subscription term ends, access to all the material also ends. The typical subscription period is for one year with an annual recurring subscription fee.period is for one year with an annual recurring subscription fee.

Perpetual Access- Typically, when an e-resource license lapses, access to Perpetual Access- Typically, when an e-resource license lapses, access to all content is lost. Perpetual access provides the ability to retain access all content is lost. Perpetual access provides the ability to retain access to the e-resource materials after the contractual agreement for these to the e-resource materials after the contractual agreement for these materials has passed. It is similar to maintaining access to the back run materials has passed. It is similar to maintaining access to the back run of a print journal after cancelling the print journal subscription. of a print journal after cancelling the print journal subscription. Ownership of the content never passes to licensee but access to all the Ownership of the content never passes to licensee but access to all the material published up to the time of cancellation remains in perpetuity. material published up to the time of cancellation remains in perpetuity. Perpetual access usually requires a lump sum payment in advance plus Perpetual access usually requires a lump sum payment in advance plus an annual access fee. The annual access fee is lower than a typical an annual access fee. The annual access fee is lower than a typical annual subscription fee thus making perpetual access attractive for some annual subscription fee thus making perpetual access attractive for some libraries.libraries.

The Cost-Benefit Analysis The Cost-Benefit Analysis Subscription v. Perpetual Access v. Digital Ownership v. Purchase Plus Subscription v. Perpetual Access v. Digital Ownership v. Purchase Plus

AccessAccess

Digital Content Ownership- This is a purchase agreement whereby the Digital Content Ownership- This is a purchase agreement whereby the library obtains limited ownership rights to the contents of the e-library obtains limited ownership rights to the contents of the e-resource. The content is often provided to the library on a storage resource. The content is often provided to the library on a storage device (hard drive, CD-ROM or Digital Linear Tape) and may or may not device (hard drive, CD-ROM or Digital Linear Tape) and may or may not include metadata files. Ownership typically does not include the sale of include metadata files. Ownership typically does not include the sale of the delivery platform or any method for access (i.e., user interface, the delivery platform or any method for access (i.e., user interface, search engine, etc.). Ownership is a large, one-time lump sum payment search engine, etc.). Ownership is a large, one-time lump sum payment (though financing for a term of years is often available.)(though financing for a term of years is often available.)

Purchase Plus Access- This is an agreement for digital content ownership Purchase Plus Access- This is an agreement for digital content ownership along with a subscription license agreement granting access to the along with a subscription license agreement granting access to the content and delivery platform on the publisher’s servers. There is a content and delivery platform on the publisher’s servers. There is a large one-time lump sum payment for ownership and an annual “access” large one-time lump sum payment for ownership and an annual “access” or “maintenance” fee for the subscribed access to the content on the or “maintenance” fee for the subscribed access to the content on the publisher’s server. The annual access fee is usually substantially lower publisher’s server. The annual access fee is usually substantially lower compared to the annual subscription fee a library would pay to access compared to the annual subscription fee a library would pay to access the material.the material.

The Cost-Benefit Analysis The Cost-Benefit Analysis Misc. Observations on Subscriptions, Perpetual Access,Misc. Observations on Subscriptions, Perpetual Access,

Digital Ownership and Purchase Plus AccessDigital Ownership and Purchase Plus Access

The Smith, Leers, Roncevich’s article titles “Database Ownership: The Smith, Leers, Roncevich’s article titles “Database Ownership: Myth or Reality?” Myth or Reality?” Law Library Journal Law Library Journal 103, no. 2 (2011) 233-247 103, no. 2 (2011) 233-247 provides an excellent case study on the difficulties of having to provides an excellent case study on the difficulties of having to construct a database using the files supplied by a publisher upon construct a database using the files supplied by a publisher upon the cancellation of the access portion of a Purchase Plus Access the cancellation of the access portion of a Purchase Plus Access agreement.agreement.

Purchase Plus Access makes sense when you have a sizeable Purchase Plus Access makes sense when you have a sizeable amount of one-time only money left toward the end of a fiscal year amount of one-time only money left toward the end of a fiscal year or when a donor provides a one-time, non-endowment donation to or when a donor provides a one-time, non-endowment donation to the library.the library.

The traditional subscription license agreement allows for The traditional subscription license agreement allows for predictability in budgeting akin to the annual recurring costs of print predictability in budgeting akin to the annual recurring costs of print serials.serials.

The Cost-Benefit Analysis The Cost-Benefit Analysis Additional Observations on Subscriptions, Perpetual Access,Additional Observations on Subscriptions, Perpetual Access,

Digital Ownership and Purchase Plus AccessDigital Ownership and Purchase Plus Access

The cost of usage under a traditional subscription license agreement The cost of usage under a traditional subscription license agreement can be more readily ascertained and billed onto clients. Passing can be more readily ascertained and billed onto clients. Passing costs onto clients is a much more difficult endeavor with perpetual costs onto clients is a much more difficult endeavor with perpetual access, purchase plus access, or digital content ownership. access, purchase plus access, or digital content ownership.

It may be worthwhile to subscribe to an e-resource for a limited time It may be worthwhile to subscribe to an e-resource for a limited time to measure usage before deciding to go forward with an ownership to measure usage before deciding to go forward with an ownership or perpetual access pricing model.or perpetual access pricing model.

The big question is what happens to the perpetual access if an e-The big question is what happens to the perpetual access if an e-resource publisher goes out of business or is sold?resource publisher goes out of business or is sold?

The Cost-Benefit Analysis The Cost-Benefit Analysis So what is the cost-benefit analysis?So what is the cost-benefit analysis?

The cost of the subscription license or purchase agreement plus annual access The cost of the subscription license or purchase agreement plus annual access feesfees

balanced againstbalanced against

The need for and uniqueness of the content contained in the e-resource. The need for and uniqueness of the content contained in the e-resource. Whether the cost can be recovered through billing on to clients.Whether the cost can be recovered through billing on to clients. Whether print material can be cancelled in reliance of the e-resource.Whether print material can be cancelled in reliance of the e-resource. Whether space will be saved by removing cancelled print.Whether space will be saved by removing cancelled print. Whether loose-leaf filing and other processing costs will be saved.Whether loose-leaf filing and other processing costs will be saved. Whether there is an anticipated large audience of users to justify the cost.Whether there is an anticipated large audience of users to justify the cost. Whether the e-resource can be used for instructional purposes.Whether the e-resource can be used for instructional purposes. Whether the e-resource will save researchers significant amounts of time.Whether the e-resource will save researchers significant amounts of time. Whether the e-resource can be accessed by multiple simultaneous users.Whether the e-resource can be accessed by multiple simultaneous users. Whether the e-resource can be accessed from home or other offsite location.Whether the e-resource can be accessed from home or other offsite location.

Cost Recovery Through Billing ClientsCost Recovery Through Billing Clients This topic is only briefly covered here as a full program, “To This topic is only briefly covered here as a full program, “To

Recover or Not Recover: Trends, Solutions, and Alternatives Recover or Not Recover: Trends, Solutions, and Alternatives for Taming Online Research Costs,” is devoted to the topic for Taming Online Research Costs,” is devoted to the topic on Monday, July 25on Monday, July 25thth from 2:15 to 3:30. from 2:15 to 3:30.

ABA Comm. on Ethics and Professional Responsibility, ABA Comm. on Ethics and Professional Responsibility, Formal Op. 93-379 “authorizes lawyers to charge Formal Op. 93-379 “authorizes lawyers to charge reasonable costs associated with online legal research as reasonable costs associated with online legal research as long as the charges are disclosed to clients. The guiding long as the charges are disclosed to clients. The guiding principle around ethical practice is that the client charge principle around ethical practice is that the client charge should be commensurate with the service charge and not should be commensurate with the service charge and not be marked up for firm practice.” be marked up for firm practice.”

In other words, firms should not make a profit through In other words, firms should not make a profit through online legal research mark-ups.online legal research mark-ups.

Many states also have opinions concerning online legal Many states also have opinions concerning online legal research cost recovery.research cost recovery.

Cost Recovery Through Billing ClientsCost Recovery Through Billing Clients

Percentage of firms charging for online research: Percentage of firms charging for online research:

According to a survey of 81 firms (50 responses of which were According to a survey of 81 firms (50 responses of which were from firms with more than 500 attorneys) conducted by Mattern & from firms with more than 500 attorneys) conducted by Mattern & Associates in 2010, 73% of respondents charge clients for online Associates in 2010, 73% of respondents charge clients for online legal research. That is a drop from the 97% of firms that said they legal research. That is a drop from the 97% of firms that said they charged for online legal research when the study was conducted charged for online legal research when the study was conducted in 2008. (See: Mattern, Robert. “Cost Recovery Breeds Client in 2008. (See: Mattern, Robert. “Cost Recovery Breeds Client Frustration in New Survey.” Frustration in New Survey.” Law Technology News,Law Technology News, April 21, 2011) April 21, 2011)

According to a study conducted by the ABA General According to a study conducted by the ABA General Practice, Solo & Small Firm Division in 2008, 50% of small Practice, Solo & Small Firm Division in 2008, 50% of small and solo firms recover all or part of their online legal and solo firms recover all or part of their online legal research costs and 50% do not. According to the 2008 research costs and 50% do not. According to the 2008 study, the cost recovery process varies widely among firms.study, the cost recovery process varies widely among firms.

While cost recovery is on the decline, it can still be a very While cost recovery is on the decline, it can still be a very influential factor in e-resource selection for many firms.influential factor in e-resource selection for many firms.

Cost Recovery Through Billing ClientsCost Recovery Through Billing Clients

Articles on low cost alternatives to Westlaw and Articles on low cost alternatives to Westlaw and Lexis:Lexis:

Justiss, Laura K. “A Survey of Electronic Research Justiss, Laura K. “A Survey of Electronic Research Alternatives to LexisNexis and Westlaw in Law Firms.” Alternatives to LexisNexis and Westlaw in Law Firms.” Law Law Library JournalLibrary Journal 103, no. 1 (2011): 71-90. 103, no. 1 (2011): 71-90.

Svengalis, Kendall F. “Chapter 25: Computer-Assisted Legal Svengalis, Kendall F. “Chapter 25: Computer-Assisted Legal Research” in Kendall F. Svengalis. Research” in Kendall F. Svengalis. Legal Information Legal Information Buyer’s Guide and Reference Manual 2010Buyer’s Guide and Reference Manual 2010. N. Stonington, . N. Stonington, CT: Rhode Island LawPress, 2010, 143-159. CT: Rhode Island LawPress, 2010, 143-159.

THANK YOU!THANK YOU!

A Bibliography for this Program is available on A Bibliography for this Program is available on AALL2GO.AALL2GO.

Documents

Best Practices for Evaluating a New Electronic Resource Sponsored by The Committee on Relations with Information Vendors (CRIV) Prepared by: Rob Myers