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Library and Information Services in Astronomy III
ASP Conference Series, Vol. 153, 1998
Editors: U. Grothkopf, H. Andernach, S. Stevens-Rayburn, and M. Gomez
Electronic Editor: H. E. Payne
Ann Okerson1
Yale University, New Haven, CT, USA
1© Ann
Okerson. Readers of
this article may copy it without the copyright owner's permission, if
the author and publisher are acknowledged in the copy and the copy is
used for educational, not-for-profit purposes.
Abstract:
This session will develop topics such as: what is a license, what
is a shrinkwrap license and is it binding, how do licenses or contracts
relate to national copyright laws, what is a good negotiating stance, what
to look for in a license (key issues), and where to look for more
information. The session will be outlined by a series of overheads that
can help to guide the library professional who needs to work through these
matters during the course of negotiating for electronic information
content.
The article contains the text of the transparencies shown during the
presentation.
- From ``Weird Al'' Yankovic: ``The owner of the copyright in this
motion picture has authorized its use in this cassette for the purpose
of private home viewing without any charge of any kind. Any other use
of this cassette, including any copy, reproduction, or performance of
any of the material in it is an infringement of copyright and may
result in civil liability or criminal prosecution as provided by
law.''
- ``Weird Al'' Continues... ``But if you do insist on copying
this program, please be aware
that the patented Copy-Stop (r) system . . . will cause severe damage
to your video cassette recording device accompanied by a bright
blue-grey flash and strong acrid odor, which may in turn affect nearby
house plants and cause discoloration
of fine upholstery. In addition, you may experience headaches,
drowsiness, nausea, severe loss of memory, high blood pressure,
nosebleeds and the heartbreak of psoriasis.''
- And Finally... ``Household pets may develop similar
symptoms including extreme personality disorders and occasional
spontaneous combustion. We're not kidding about this. Unlawful
duplication may result in local civil unrest, meteorological
disturbances, and volcanic eruptions. The producers of this program
assume no liability for any of the consequences resulting from your
stupid, unthinking, greedy and careless attempt to deprive them of
income.''
- Licensing is ``granting rights in property without transferring
ownership of it.'' (Jay Dratler, in Licensing of
Intellectual Property)
- An agreement negotiated between two willing parties (buyer /
seller) that describes every aspect of the ``deal'': users (who, when,
how many); use (how much, what, where (sites)); technology conditions
(both parties)); price; liabilities and promises; term and termination
- A legal and binding contract, signed by authorized and
responsible parties
- Means exactly what it says
- Might be declared unenforceable (but don't count on it . . )
- The web counterpart is a ``clickable'' license; sometimes
concealed:
``by visiting this site, you
agree . . . ''
- May be valid
- Can restrict rights in copyright (ILL is commonly restricted or
prohibited)
- Can enhance those rights (downloading, storing, coursepacks)
- Good faith discussions
- Builds or evolves a relationship between two parties
- Meeting of minds on both sides
- Results in mutually satisfactory deal: each party a little
unhappy
- Sometimes fails . . . then what?
- Read the proposed contract
- Understand terms / definitions / limitations
- Understand commitments of both parties
- Flag areas of concern
- Ask yourself: ``Is anything missing?''
- What does your institution need - in general (requirements of
legal counsel), your colleagues, your users?
- Some training is helpful; self-training goes a long way
- Common sense plays a big part
- Who needs to use the material? (students, faculty,
administration, researchers, the public?)
- How many users (simultaneous users)?
- What do they need to do with the material? (view, download,
print, transmit, teach, store, save, publish, quote, resell?)
- What do you get at the end of the contract period?
- Can you get/keep a tape or CD?
- Is it in a medium you can work with?
- Can you negotiate for physical ownership?
- Can you make
back-up copies?
- Manuals / documentation
- Updates
- Training of staff
- Training of users
- Access to vendor support staff when difficulties arise
- How is access achieved? (remote/local, single/multiple)
- Do you have the technology needed?
- Is there agreement regarding authorization and validation techniques?
- Is the model clear and unambiguous?
- Is the price affordable?
- Can you negotiate extra incentives (e.g., 2-year license)?
- Are there hidden costs (replacements, tariffs, price increases
during contract term)?
- Where are your users? (library, office, classroom, laboratory,
hospital, on-campus residence, private residence, distance-learning
location)
- How many sites?
- How defined? (multiple campuses/facilitites, distance learning,
mobile users)
- Privacy of users and user data (usage statistics versus
monitoring)
- Privacy of provider (often their requirements are excessive or
unnecessary)
- Ask for specific language (What exactly is
``confidential''?)
- Owner ``warrants the media for xx days''
- Owner ``guarantees'' performance to a certain standard (or...)
- Owner provides ``as is'' with no warranty
- Owner ``makes no representations''
- Seek some kind of warranty!
Clauses not usually written to benefit licensor
- Institution often asked to be liable for the behavior of
individual users
- Agree to ``reasonable efforts'' language
- Avoid termination for single acts (seek a ``cure period'' and
``mutual efforts'')
- Accept liability only for negligent or willful acts of
institutional employees
- Someone asked Meriwether Lewis (of Lewis and Clark fame) if he
had ever been lost . . . he said no but I was once bewildered for
three days...
Further Licensing Articles and Resources
Okerson, A. 1997. The World of Licensing: Issues, Concerns, and Promises,
Canadian Association of Research Libraries Workshop, Ottawa, Canada, 27 October
1997.
http://www.uottawa.ca/library/carl/slidepresentations/A-Okerson/presentation.htm
Okerson, A. 1996, Buy or Lease? Two Models for Scholarly Information at
the End (or the Beginning) of an Era, Daedalus, Journal of the American
Academy of Arts and Sciences, Vol. 125, No. 4, 55-76.
Special issue on libraries called ``Books, Bricks, and Bytes'',
http://www.library.yale.edu/~okerson/daedalus.html
Okerson, A. 1996, What Academic Libraries Need in Electronic Content
Licenses, Presentation to the STM Library Relations Committee, STM Annual
General Meeting, October 1, 1996,
http://www.library.yale.edu/~okerson/stm.html
Bibliography on the Liblicense Web site
with numerous references
and links:
http://www.library.yale.edu/~llicense/bibliogr.shtml
Links on the ``licensing resources'' section of the
Liblicense Web site:
http://www.library.yale.edu/~llicense/liclinks.shtml
Principles agreed upon by 80 library consortia:
http://www.library.yale.edu/consortia/
;
the actual Statement is at
http://www.library.yale.edu/consortia/statement.html
© Copyright 1998 Astronomical Society of the Pacific, 390 Ashton Avenue, San Francisco, California 94112, USA
Next: Metadata: Standards for Retrieving WWW Documents
Up: Electronic Publications: The Library at the User's
Fingertips
Previous: Electronic Publications and Collection Management
- Issues to Consider
Table of Contents -- Index -- PS reprint -- PDF reprint