plus ça change… current developments in licensing
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Plus ça Change…Current Developments in Licensing
Session Coordinator:
Ivy AndersonCalifornia Digital Libraryivy.anderson@ucop.edu
ICOLC Spring 2007Montreal
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
Plus ça Change… Survey results
Hot issue of the day
Report from JISC (courtesy of Hazel Woodward, Cranfield and Liam Earney, JISC Collections)
From the ridiculous to the sublime: ONIX-PL and SERU
Ivy’s Licensing Mini-Survey Use of model licenses
New clauses and provisions
Successes and challenges
Responses received from a small but representative bunch
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
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
New Provisions: Multiple Responses
Trusted 3rd party archiving via Portico &/or LOCKSS
Author right to self-archive
Downward price adjustment for author-funded publication
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
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
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.
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?’.”
JISC CollectionsLicensing activities
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
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
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
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)
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
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
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)
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
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
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
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
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
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
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
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