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Presentation delivered by invitation at the Association for Subscription Agents (ASA)\'s event titled \'Licensing and Subscription Management: Challenges to publishers, intermediaries and libraries\', 12 September 2003.
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University of Leeds Academic ServicesUniversity of Leeds Academic Services
What’s in a licence? Model licences and managing the ‘terms and conditions’.
Louise Cole
Electronic Resources Team Leader
University of Leeds
University of Leeds Academic ServicesUniversity of Leeds Academic Services
Overview
What’s in a licence? Model licences … … and alternatives Administrative nightmares ... and possible solutions What can subscription agents do? The future
University of Leeds Academic ServicesUniversity of Leeds Academic Services
What’s in a licence?
Basic definition: “a legal document giving official permission to do something”
The typical model licence (e.g. the JISC/Nesli2 Model Licence) might include …
University of Leeds Academic ServicesUniversity of Leeds Academic Services
Model licences ... JISC
Key definitions, of users and other terminology
Permitted uses (document delivery and supply, coursepacks, VLEs, etc.)
Prohibited uses Undertakings for licensee and publisher Archival rights Additional information (title lists, usage
data)
University of Leeds Academic ServicesUniversity of Leeds Academic Services
... and alternatives
Publishers can choose to either use a modified ‘model licence’ (changing or omitting certain clauses)
Or issue an licence of their own, which may or may not be of a similar format and which might have different definitions and terms/conditions
University of Leeds Academic ServicesUniversity of Leeds Academic Services
Administrative nightmares
Every licence is different! Interpreting ‘legal jargon’ and apparent
contradictions Sheer volume of paper Retrieving countersigned documents Conflict – the library offers the service,
the provider dictates the terms
University of Leeds Academic ServicesUniversity of Leeds Academic Services
.. and possible solutions
Make all licences as much like the ‘model’ as possible
Ensure definitions are clear and not open to differing interpretation
Work with open access projects and pre-print services
Accept faxed signatures
University of Leeds Academic ServicesUniversity of Leeds Academic Services
What can subscription agents do?
Central bank of licence agreements Be proactive – send agreement on to us
rather than giving a URL Scope in negotiating service for
customers Allow information to be included in
Electronic Resource Management Reports
University of Leeds Academic ServicesUniversity of Leeds Academic Services
Practicalities
Central licence bank – should this be free to all customers / those with spend over a certain £££?
US/EU/UK-centric? What about nesli2 and other consortia
arrangements? Administrative load/improved service Does the agent know enough about
customer requirements?
University of Leeds Academic ServicesUniversity of Leeds Academic Services
Administration of licences
“To negotiate or not to negotiate?” “To modify or not to modify?” Leasing resources rather than buying
them Model standard licences Work being done in many countries in
EU and outside it
University of Leeds Academic ServicesUniversity of Leeds Academic Services
The University of Leeds approach
Hundreds of licences for numerous types of electronic resources – what is in them?
The licence audit – reading every agreement and extracting the information we need
Making this information available
University of Leeds Academic ServicesUniversity of Leeds Academic Services
The University of Leeds process
Extracting information on do’s and don’t from our licences
User-friendly display of this information for library staff
Searchable interface Front-end presentation to library
customers
University of Leeds Academic ServicesUniversity of Leeds Academic Services
Extracting information
Who can use? What can we supply? What can we make available in VLE? Archival rights ‘Other areas’, including NHS and
commercial use
University of Leeds Academic ServicesUniversity of Leeds Academic Services
The next stage
Front-end presentation to library customers:
– Making available to our customers the whole range of do’s and don’ts
– Building on general statements already on web pages and screensavers
– Integration with OPAC?– Best ways of doing this currently being
investigated
University of Leeds Academic ServicesUniversity of Leeds Academic Services
The future
CHEST Agreements Usage Rights survey – taking note of customer needs
Open access initiatives The effect on the research library
collection Trust in an e-only world; as print
disappears
University of Leeds Academic ServicesUniversity of Leeds Academic Services
Contact
Louise Cole, Electronic Resources Team Leader (and Library Copyright advisor)
University of Leeds
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