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- | ## Licensing Basics | ||
- | **Date: Mon 17 Mar 2019** | ||
- | This week we start our two week coverage on licensing issues, and this | ||
- | is because licensing is at the top of the list of most important aspects | ||
- | of electronic resource management. | ||
- | |||
- | The readings are pretty straightforward, | ||
- | which are nicely outlined in Weir (2016) (not in the reading): | ||
- | |||
- | - There is a difference between copyright law and contract law, and in short, | ||
- | contract law overrides copyright law. This is how, for example, authors may | ||
- | sign over their copyrights to publishers, among other things. | ||
- | - There are two general types of licensing agreements: | ||
- | - End user agreements are generally the kind that people accept when they | ||
- | use some kind of software or some service. | ||
- | - Site agreements are the kinds of agreements librarians get involved in | ||
- | when they negotiate for things like databases. Here, site refers to the | ||
- | organizational entity. | ||
- | - There are several important parts of a standard license. They include: | ||
- | - Introductions: | ||
- | licensor, date information, | ||
- | schedule. | ||
- | - Definitions: | ||
- | (2016) includes, as examples, the licensee, the licensor, authorized | ||
- | user, user population, and whether the contract entails a single or | ||
- | multi-user site. | ||
- | - Access: This may cover topics such as IP authentication and proxy access. | ||
- | - Acceptable use: Include here issues related to downloading, | ||
- | print rights, ILL, preservation. | ||
- | - Prohibited use: What can't people do -- download restrictions, | ||
- | - Responsibilities: | ||
- | careful about accepting responsibility for actions that the library would | ||
- | have a difficult time monitoring. Then also, what is the licesor | ||
- | responsible for. This might include topics such as 24 hour access and | ||
- | like. | ||
- | - Term and terminations: | ||
- | the contract may be terminated. Be aware that many libraries are attached | ||
- | to either municipal, county, or state government and must adhere to | ||
- | relevant laws as such. | ||
- | - various provisions | ||
- | |||
- | As an example, the California Digital Library, via the University of | ||
- | California, provides a [checklist][1] and a copy of their standard license | ||
- | agreement. | ||
- | |||
- | [1]: | ||
- | |||
- | The checklist covers four main sections and is well worth a read: | ||
- | |||
- | - Content and Access | ||
- | - Licensing | ||
- | - Business | ||
- | - Management | ||
- | |||
- | |||
- | We also have three additional readings this week. One of the readings covers | ||
- | SERU: A Shared Electronic Resource Understanding, | ||
- | article by Regan that provides some guidelines on becoming competent on | ||
- | licensing. | ||
- | |||
- | [SERU][2], Shared Electronic Resource Understanding, | ||
- | collaborative document that helps standardize some aspects of the licensing | ||
- | process and also can be used as "an alternative to a license agreement" | ||
- | a provider and a library agrees to its use. Like the standard licensing | ||
- | structure that Weir (2016) outlines, SERU also includes parts that describe | ||
- | use, inappropriate use, access, and more, but also posits other stipulations, | ||
- | such as confidentiality and privacy. | ||
- | |||
- | [2]: | ||
- | |||
- | The other reading is the [NASIG Core Competencies for Electronic Resources | ||
- | Librarians][3]. This doesn' | ||
- | this week's reading list for a couple of reasons. First, it's a reminder that | ||
- | when we talk about electronic resource management, we talk about | ||
- | a comprehensive list of responsibilities, | ||
- | I need to keep reminding you of this. Second, because the Regan reading | ||
- | specifically mentions these competencies, | ||
- | introduce them here, even though many of you have already commented on them in | ||
- | previous discussion forums. | ||
- | |||
- | [3]: | ||
- | |||
- | This week, after reading the material, I want you to focus on the Regan article | ||
- | and some of the questions raised there. Regan raises important questions about | ||
- | the licensing process and about effective communication and advocacy. This | ||
- | week, I want you to comment on these things, and I want you to answer some of | ||
- | the questions that Regan raises. You can do that by searching the web and | ||
- | library websites. In fact, at the beginning of the semester I asked you to | ||
- | subscribe to the SERIALST email list. It's now time to draw upon that and any | ||
- | discussions you've seen in those lists that are related. You can usually search | ||
- | the archives of those lists, if you want. Regan also mentions some other | ||
- | sources, such as [LIBLICENSE][4] and [copyrightlaws.com][5]. Any of these are | ||
- | fair game for discussing, but the latter is a commercial entity that provides | ||
- | material and tutorials for a kind of tuition. It might be useful to know about | ||
- | but explore only if you want. However, LIBLICENSE provides model licenses as | ||
- | well as links to [additional model licences][6], | ||
- | California Digital Library Standard License Agreement. The LIBLICENSE model | ||
- | license includes even more details, such as types of authorized uses, and the | ||
- | new ones include: | ||
- | |||
- | - course reserves | ||
- | - courepacks | ||
- | - electronic links | ||
- | - scholarly sharing | ||
- | - scholarly citation | ||
- | - text and data mining | ||
- | |||
- | [4]: | ||
- | [5]: | ||
- | [6]: | ||
- | |||
- | ## References | ||
- | |||
- | Regan, S. (2015). Lassoing the Licensing Beast: How Electronic Resources | ||
- | Librarians Can Build Competency and Advocate for Wrangling Electronic Content | ||
- | Licensing. The Serials Librarian, 68(1–4), 318–324. | ||
- | https:// | ||
- | |||
- | Weir, R. O. (2012). Licensing Electronic Resources and Contract Negotiation. In | ||
- | R. O. Weir (Ed.), Managing electronic resources: a LITA guide. Chicago: ALA | ||
- | TechSource, an imprint of the American Library Association. | ||
- | </ |