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Licensing in the Real World: the Ins & Outs of Licensing Agreements

Licensing in the Real World: the Ins & Outs of Licensing Agreements. Edith Starbuck & Jane Thompson AIT&L Health Sciences Library. Key Licensing Definitions ( Vary from Vendor to Vendor). License. Authorized User. = UC Med Center. OR All of UC?. Site. = Here?. There?. Everywhere?.

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Licensing in the Real World: the Ins & Outs of Licensing Agreements

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  1. Licensing in the Real World:the Ins & Outs of Licensing Agreements Edith Starbuck & Jane Thompson AIT&L Health Sciences Library

  2. Key Licensing Definitions (Vary from Vendor to Vendor) License Authorized User = UC Med Center ORAll of UC? Site = Here? There? Everywhere?

  3. 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

  4. 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?

  5. Licensing Differences Between Formats • Volume of license agreements • Many more for individual online journals & journal collections than for full-text & database resources • Restrictions • Generally more restrictive for online journals than for full-text & database resources • Process • Most journal licenses are very simple • Online journal license approvals stay within the library whereas full-text & database resources require legal counsel input

  6. 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

  7. Licensing ManagementOnline Databases & 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 • AIT&L CD tower access not possible after switch to Windows

  8. Licensing ManagementOnline Databases & 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

  9. Licensing ManagementOnline Databases & Texts • Initially licensing still handled in-house • Currently all licensing agreements must be approved by a lawyer

  10. Licensing Management:Online Journals—Early Days • The First Electronic Journal! (1998) • What are IP addresses? • Why can’t people get into JBC?

  11. Licensing Management:Journals—The Middle Years • Honeymoon time of free access • The shoe drops—Big Time!

  12. Licensing Management:Getting Real • Take Charge of the Text • Get it in Writing • Document Everything

  13. Licensing Challenges • Licenses can be very restrictive & expensive • 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 • Determining what you are licensing • Trying to find the license… • Decision – is it worth it?

  14. Licensing Challenges (cont.) • Numerous originators of institutional licenses at UC • UC – HSL for all • UC - Langsam for all • Langsam for East & West campuses only • HSL for East & West campuses only • Either for select groups on both East & West campuses Too many cooks?

  15. Online Subscription Challenges • Not notified when URL changes • Not notified when publisher changes & 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

  16. 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

  17. Horror Stories from the “serial killer” • Nature • Wiley • American Society for Microbiology • BMJ

  18. 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

  19. 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

  20. And Finally… • Cool heads prevail!

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