Plus ça Change… Current Developments in Licensing

1. Plus ça Change…Current Developments in Licensing Session Coordinator: Ivy Anderson California Digital Library ivy.anderson@ucop.edu ICOLC Spring 2007 Montreal

2. Speakers • Plus ça Change…Current Developments in Licensing (incl. Report from JISC) Ivy Anderson, CDL • License Term Encoding and License ExpressionNathan D.M. Robertson, U of Maryland School of Law (Co-Chair, NISO et al. Joint License Expression Working Group) • SERU Shared Resource UnderstandingChris Martire, PALINET

3. Plus ça Change… • Survey results • Hot issue of the day • Report from JISC (courtesy ofHazel Woodward, Cranfield and Liam Earney, JISC Collections) • From the ridiculous to the sublime: ONIX-PL and SERU

4. Ivy’s Licensing Mini-Survey • Use of model licenses • New clauses and provisions • Successes and challenges • Responses received from a small  but representative  bunch

5. Model Licenses • 50 / 50 • Other tools: • Checklist of preferred terms • RFP process • Models require customization for special circumstances • Tend to be more successful with smaller providers • Managing licensing overhead a concern whether models are or are not used

6. New Provisions • 32 items • Old wine in new (?) bottles • ILL, coursepacks, remote access, COUNTER compliance, ADA compliance, perpetual rights (for members / without fees), customer support, user support / marketing

7. New Provisions: Multiple Responses • Trusted 3rd party archiving via Portico &/or LOCKSS • Author right to self-archive • Downward price adjustment for author-funded publication

8. New Provisions: More Responses • Support for new technologies / use modalities • Metasearch, RSS • Text mining • search engine harvesting • Data export • Usage data, ERMs • Enhanced services • citation mgmt, translation, personalization • Customization based on user category • Broader user definitions • Virtual walk-ins • Affiliated users • Notification if a journal edited at a member institution is going out for tender

9. Successes & Not-So-Successes • Successes • Vendor flexibility • Cultivating vendor relationships • Remote access, accessibility for disabled • Ongoing Struggles • Vendor inflexibility • ILL, coursepacks, governing law, breach clauses • Pricing & cancellation allowances • Model licenses: mixed results

10. Hot issue of the Day: DRM Just SAE No! http://www.sae.org/servlets/pressRoom?OBJECT_TYPE=PressReleases&PAGE=showRelease&RELEASE_ID=556 SAE Publications Board to Review Digital Rights Management Controls for Students, Faculty DETROIT, April 19, 2007 - SAE International's Publications Board temporarily will suspend full activation of Digital Rights Management (DRM) controls as applied on the Society's Digital Library of technical papers for licensees at colleges, universities and other academic institutions.

11. Other Challenges • Title list management! • Tracking changes • Tracking archival rights • Losing access to backfile when titles change publishers • Licensing and license management! • Time & expertise • Informing members of usage terms and incorporating into workflows • “We used to just buy a book, why can't we just buy an electronic book. As my VP Finance says ‘Why is it so difficult to spend money?’.”

12. JISC CollectionsLicensing activities

13. JISC Licensing Workshops • 3 workshops for librarians held November / December 2006 • Very well received - over 100 librarians attended • December 2006 workshop for publishers to disseminate finding from librarians workshop – also well attended

14. JISC licences • Basis of all JISC Collections & NESLi2 agreements based on JISC Model Licence • However, increasingly finding the licence does not meet the increasingly diverse need of the higher education community • Strong drive from UK government for universities to collaborate both within the education sector & externally with business & industry. This impacts upon library services

15. Top 5 licensing priorities for librarians • After a series of presentations & wide ranging discussion, librarians at all 3 workshops were asked to identify their top 5 priorities for JISC Collections to address

16. Top 5 priorities 1. JISC Collections to provide the community with licence agreements in machine readable format so that they are ready for import into electronic resource management systems (ERMs)

17. Top 5 priorities 2. Amendments to the Model Licence to include remote access for: • People working for the benefit of the institution but not employed by them, for example, further education tutors & National Health Service lecturers teaching higher education students • Retired members of staff

18. Top 5 priorities Optional ‘bolt-ons’ to the Model Licence for defined user groups, for example: • Partner organisations in the UK & overseas • Small commercial spin-off enterprises • Staff & students on courses delivered by a consortium of universities • Defined user groups within the National Health Service

19. Top 5 priorities 4. Additional pricing models for licences for a small numbers of users of specialist resources within a larger institution. (Whilst site wide access remains a primary goal – the high cost of resources can sometimes prohibit take-up of resources needed to support small faculties)

20. Top 5 priorities 5. Clarity regarding terminology used in the Model Licence. Librarians report that they often receive inconsistent interpretation clauses or definitions in the Model Licence, sometimes from the same publisher. The definition of ‘authorised user’ in particular requires further delineation

21. Next Steps ONIX-Publishers Licence • JISC funded a project to map the JISC and NESLi2 model licences to the ONIX- Publishers Licence format • JISC also funded a project to create an open source tool for the creation of licences in the ONIX-PL format

22. Next Steps 2 ONIX PL and JISC Collections • JISC Collections insisted that the licence expressions were an exact representation of the model licence and sought the level of granularity contained within the licence • In Spring 2007 JISC Collections and EDitEUR started work on creating ONIX-PL versions of all JISC Collections and NESli2 licences with publishers, aggregators and content owners

23. Next Steps 3 Dissemination of the XML Licences • By Summer 2007 JISC Collections expects to have a critical mass of its licences available in the ONIX-PL format • JISC Collections is also tendering for an ERM which it will use to communicate the licence expressions to other institutional ERMs

24. Next Steps 4 Amendments to the model licence • JISC Collections is preparing letters of novation for all its agreements amending the definition of Authorised User to include those working for the benefit of the institution but not employed by it and retired staff

25. Next Steps 5 Bolt On Licence clauses • Preparation of additional licence clauses to be ‘bolted on’ to the standard licence to include • partner institutions based in UK and overseas • Commercial spin offs • Progress will be shown at: • www.jisc-collections.ac.uk

26. Onward! • License Term Encoding and License ExpressionNathan D.M. Robertson, U of Maryland School of Law (Co-Chair, NISO et al. Joint License Expression Working Group) • SERU Shared Resource UnderstandingChris Martire, PALINET