niso webinar: streamlining and simplifying: advances in consortial licensing
DESCRIPTION
About the Webinar The process of license negotiation has always been a tortuous one for both publishers and librarians. Librarians have begun to leverage their strength in numbers and to simplify the process of license negotiation through the use of consortial licenses that cover more than a single institution. The use of consortial licensing, the terms and conditions, and the ease in which they can be negotiated and implemented continue to evolve. This webinar will explore some of the developments in consortial licensing and will look at new directions and ways to improve the processes. Agenda Introduction Todd Carpenter, Executive Director, NISO Starting Point: Using Model License Templates to Streamline License Negotiation and Contracting Christine Stamison, Director at Northeast Research Libraries Consortium Using SERU (Shared Electronic Resources Understanding) in Lieu of a License Anne E. McKee, M.L.S., Program Officer for Resource Sharing, Greater Western Library Alliance (GWLA); Co-chair of the NISO SERU (Shared Electronic Resource Understanding) Standing Committee The Publisher-to-Consortia Relationship David Celano, Vice President, Library Sales, SpringerTRANSCRIPT
NISO Webinar:Streamlining and Simplifying:
Advances in Consortial Licensing
August 13, 2014Speakers:
Christine Stamison, Director at Northeast Research Libraries Consortium
Anne E. McKee, M.L.S., Program Officer for Resource Sharing, Greater Western Library Alliance (GWLA);
Co-chair of the NISO SERU (Shared Electronic Resource Understanding) Standing Committee
David Celano, Vice President, Library Sales, Springer
http://www.niso.org/news/events/2014/webinars/licensing/
Starting Point: Using Model License Templates to Streamline License
Negotiation and Contracting
NISO Webinar: Streamlining and Simplifying:
Advances in Consortial Licensing
Christine M. Stamison, MLISDirector, Northeast Research Libraries Consortium
NERL Mission Statement
• To foster and support the educational and research missions of its member institutions by coordinating, consolidating, and negotiating the best possible licensing terms and prices for electronic resources.
Background• Founded in July 1996 by Ann Okerson• Grown from 12 to 28 Core Members
– Primarily private institutions – Located on the east coast and mid-Atlantic regions– And, one in the Midwest and one on the west coast
• 90 Affiliate libraries • License primarily electronic content• Now housed at the Center for Research
Libraries in Chicago
Model Licenses
Consortial Model Licenses
• Represents the needs of the many in one document
• Sends a strong message to providers – this what it takes to do business with your consortium
• Gives you a more equal seat at the table• Easier to review• Must be a living document
Doing Business with NERL
• Preference that vendor use NERL Model License– http://
www.nerl.org/sites/default/files/nerl_docs/NERLModelLicense111412.docx
• License negotiated must be easy for library to monitor
• Need to look at how deal will reward members/affiliates for aggregating business for publisher
• Must have a “perpetual” option• Must be opt-in model• Billing through NERL or subscription agent
Doing Business with NERL
• Issues of the day:– Ability to use content for international ILL– Expanded definition of “Authorized User”– No “confidentiality clauses” except for
trade secrets– ADA compliant– DRM free e-books – Author Rights– ABILITY TO TEXT AND DATA MINE
Doing Business with NERL
• Text and Data Mining– No gatekeeper– Use of mutually agreed upon API– Negotiate favorable price to purchase
content for institution’s server
• “This will make publisher’s content more valuable.”
• Role for NISO – best practices
On the Horizon
• Open Access– Negotiate discounted Article Publishing
Charges (APC)– No double dipping
• Updating of the LIBLICENSE Model License– Public comment period ended recently– September/October release
Concluding Remarks
• Through the continued use of consortial model licenses we can:– Continue to advocate for our members
and the library community as a whole– Bring as many buyers to the table– Even the playing field – Push the envelope on sensitive issues– Be vocal
Thank You!
Christine M. Stamison, [email protected]
NISO WebinarStreamlining and Simplifying: Advances in Consortial Licensing
“Reconsidering the ‘Sacred Cows’ of Content Licensing”
Anne E. McKee, MLSProgram officer for Resource Sharing
Greater Western Library Alliance (GWLA)Co-Chair SERU Standing Committee
GWLA-who we are!33 academic research libraries
◦ 17 states ranging from Illinois to Hawaii, Texas to Washington State
◦ All either RU/VH OR RU/H◦ Combined FTE of 850,000+
25 members of the Association of Public and Land Grant Colleges
25 members of the Association of Research Libraries (ARL)
12 members of the Association of American Universities (AAU)
15 Partners-Hathi Trust
501(c)3
Celebrated our 15th Birthday 8/6/2014
GWLA Incubators:OCCAMS Reader
http: ///www.occamsreader.org
BioOne.1 & .2 - Founded by Allen Press, American Institute of Biological Sciences, Allen Press, GWLA, SPARC and University of Kansas
TRAIL (Technical Reports Archive & Image Library): digitize, archive and make accessible federal reports issued prior to 1975: http://WWW.crl.edu/grn/trail
Western Waters Digital Library (WWDL):http://www.westernwater.org
GWLA Licensing PrinciplesPartners –NOT- Adversaries with publishers/content
providers and/or other consortiaUnderstand and acknowledge fair profitNo requirements of
◦ “all in or out”◦ considering GWLA first
Any offer must be consistent w/ members institutional research & teaching goals
Offers and licensing clauses: “Good for the Majority” rules
Will not license any content (or allow any non- members to participate) that may affect our 501(c)3 status.
Licensing Terms we needDistance learners and alumni
should be able to utilize the content, regardless of location
Maintenance fees are a no-goAbundance of invoicing optionsPermission for faculty to deposit
in IRs a necessityAllowing non-members into
agreements.
GWLA’s “Line(s) in the Sand(s)”GWLA will not accept any license or
contract that limits our ability to utilize new technology as it is developed.
ILL rights will not be waived-regardless of format◦Particular wording “utilizing the prevailing
technology of the day”CONTU language will not be
entertained, licenses must allow Fair Use
Fair and easy licenses
http://www.niso.org/workrooms/seru/
SERU is a NISO recommended practice ◦(RP-7-2012) which should be considered a
“best practice” or “guideline”Originally released in 2008 focusing on
electronic journals ◦directed towards librarians and publishers
Updated in 2012 recognized the need to make acquiring e-books more flexible.◦E-books providers are more than just the
publishers libraries know and love◦Consensus for other types of E-resources
transactions not as well established(NISO RP-7-2012 Forward, pg. iii)
What SERU Is:Common sense approach
◦Shared values/vision of e-content productsArticulates standard business
practicesNo license requires as Copyright Law
governs use (just as it does for print)Go to the SERU registry and sign-up (
http://www.niso.org/workrooms/seru/registry/)
◦simple◦Fast (2-3 minutes MAX), sometimes same
day access!
What SERU is NOT
NOT A LICENSE NOR CONTRACT!!!
No need of months and months of contractual/licensing negotiations
Pages and pages of contractual legalese
CC image, courtesy of onesecbeforethedub Flickr
Will make both librarian and publisher jump for joy!
Invoking SERU
Go to the SERU registry and see if the publisher/e-content provider has registered
If registered, contact provider and just state that you are utilizing SERU (email is great!)◦ Some institutions like to have a conversation with
provider to have shared set of expectations◦ If provider is not registered, urge them to consider
SERU and register
Send purchase order to provider with SERU noted
Give access to your users!
Life is GOOD!
David Celano
Vice President, Library Sales – US/Canada
August 13, 2014
Licenses. Licenses? License!
The Publisher to Consortia relationship
History of licenses at Springer: an evolution
• ~10-15 years ago started using licenses
• 8 years ago, establishment of License Control department
• ~5 years ago significantly simplified license:
⁻ Significantly shorter than prior document
⁻ One T&C that applies to all future purchases
⁻ Product licenses that reference this T&C
o Previously included T&C = a lot more prior negotiation/work
History of licenses at Springer: an evolution…continued
• ~ 5 years ago we also adopted SERU
⁻ Unfortunately, we still require a signed document
⁻ Note that our license is very similar to SERU clauses
• Time/resource drain
⁻ Currently 7 person team for the Americas
⁻ ~30 sales people so roughly 4:1 sales to sales support
⁻ Needs to continue to evolve
Why licenses?
• Great question!
• Any issues are 99.9% of the time resolved without need for legal action
⁻ I don’t recall any legal issues with Springer
• Record of exactly what was purchased – a good thing
• What do I really think about licenses? I could do without them
But in the meantime, consortia licenses
• Licenses with consortia make things simpler on our end
⁻ Hopefully for the libraries as well
• Why?
⁻ Often can get a PO and bill immediately and provide access
⁻ Dealing with less licenses!
Cool items in our licenses
• No DRM
• Liberal eILL
• Hopefully a promise that I could keep: coming soon = TDM
Items that often require negotiation/further conversation
• Jurisdiction
• Confidentiality
o FOIA
• Indemnification
What’s next?
• Current experimentation with electronic license with clause explanations
• Docusign
• Contract generator
• Future click through?
• Continued evolution and simplification or just the beginning of more
complicated times?
NISO Webinar • August 13, 2014
Questions?All questions will be posted with presenter answers on the NISO website following the webinar:
http://www.niso.org/news/events/2014/webinars/licensing/
NISO Webinar: Streamlining and Simplifying: Advances in Consortial Licensing
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