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teaching:licensing-basics [2019/02/18 15:15] (current)
seanburns created
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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,​ but let's preview some of the basics,
 +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:​ this includes information about the licensee and the
 +      licensor, date information,​ some information about payments and the
 +      schedule.
 +    - Definitions:​ this section defines the major terms of the contract. Weir
 +      (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,​ storage,
 +      print rights, ILL, preservation.
 +    - Prohibited use: What can't people do -- download restrictions,​ etc.
 +    - Responsibilities:​ What is the licensee (the library) responsible for. Be
 +      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:​ Details about the terms of the contract and how
 +      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
 +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,​ by NISO. We also have a short
 +article by Regan that provides some guidelines on becoming competent on
 +[SERU][2], Shared Electronic Resource Understanding,​ is another NISO
 +collaborative document that helps standardize some aspects of the licensing
 +process and also can be used as "an alternative to a license agreement"​ if
 +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.
 +The other reading is the [NASIG Core Competencies for Electronic Resources
 +Librarians][3]. This doesn'​t specifically cover licensing, but I added it to
 +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,​ skills, technologies,​ and more, and
 +I need to keep reminding you of this. Second, because the Regan reading
 +specifically mentions these competencies,​ and I thought it would good to
 +introduce them here, even though many of you have already commented on them in
 +previous discussion forums.
 +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 [][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],​ including the above mentioned
 +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
 +## 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.
 +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.
teaching/licensing-basics.txt · Last modified: 2019/02/18 15:15 by seanburns