FAQ-Frequently Asked Questions in Preparation for E- License Negotiations
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Negotiating Networked Information Contracts and Licenses
http://www.cni.org/projects/READI/guide/Licensing Division in the Copyright Office
http://www.copyright.gov/licensing/;LibLicense Home, Definitions of Words and Phrases Commonly Found in Licensing Agreements
http://www.library.yale.edu/~llicense/definiti.shtml;The Survey of Library Database Licensing Practices:
http://www.researchandmarkets.com/product/d06a29/the_survey_of_library_dPrinciples of Licensing Electronic Resources
http://libstaff.mit.edu/colserv/digital/licensing/principles_licensing.html-
Sample License Agreement
http://www.nesli2.ac.uk/NESLi2_Licence_updated_281106.htm Software and Database License Agreement Checklist
http://www.utsystem.edu/ogc/IntellectualProperty/dbckfrm1.htmIntroduction - Points to consider
(Examples from LibLicense at Yale and other sites)Who is the customer for the contract – librarian, purchasing agent, legal counsel?
http://www.library.yale.edu/~llicense/table.shtml;
http://www.ifla.org/V/ebpb/copy.htmWhat does the contract cover? – time period, access, users, lending, etc
http://www.library.yale.edu/~llicense/usegen.shtml;
http://www.library.yale.edu/~llicense/termgen.shtmlPrice and payment schedule
http://www.library.yale.edu/~llicense/paycls.shtmlWho can sign the contract
http://www.library.yale.edu/~llicense/sigauth.shtmlStandard licensing agreement
http://www.library.yale.edu/~llicense/standlicagree.1st.htmlLicensing software
http://www.library.yale.edu/~llicense/software.shtmlAuthorized users
http://www.licensingmodels.com/corporate.htm;
http://libstaff.mit.edu/colserv/digital/licensing/userdef.htmlCopyright and document delivery rights
http://topics.law.cornell.edu/wex/Copyright;
http://www.copyright.columbia.edu/?q=copyright-quick-guide;
http://www.utsystem.edu/ogc/Intellectualproperty/LICRSRCS.HTM;
http://www.library.yale.edu/~llicense/termcls.shtmlPerpetual access through the publisher’s web server.
Access to content from a defined period with a rolling back file and a separately licensed archive.
Print copies of purchased content – Some publishers may offer a print copy with a subscription to the electronic journal or as an add-on purchase. However, the increasingly interactive content of electronic journals (linking, videos, audio clips, etc.) will not be included in the print copy, so the content of the formats are not entirely equivalent. Libraries and publishers continue to view the print copy as the format to be archived (one reason for this is that the image resolution in the print medium is frequently much superior to that of the electronic format.)
Data files (CD-ROMS, DVDs, tapes and “locally loaded journal content”) – Set-up, maintenance and back-up of these may involve additional staffing and equipment costs to make this content secure and available to patrons. If the data supplied is not tagged, it may not be searchable, diminishing the utility of the archive to patrons. Also, these formats are susceptible to corruption, and rapidly-changing technologies may render the format obsolete in time, necessitating migration of the data to other formats. In anticipation of future format changes, some contracts specify only that content will be made available in a mutually acceptable media type.
LOCKSS – “free, open source digital preservation software from Stanford University that preserves digital content in a library-to-library network.” Publishers provide the content and allow LOCKSS servers to store and share content with authorized subscribers (as determined by individual license agreements).
Advocates feel that storing content on a library’s local servers provides greater security for digital content, especially since the data would be stored on the servers of many different libraries.
Information is archived as a bitstream and preserved in the original publisher format wherever possible.
According to Karen Schneider, “Fidelity to the original format means future generations should see content as we meant to present it – down to fonts, page widths, and relationships to other articles on the page – not filtered through several digital reinterpretations of what we originally intended.”
See LOCKSS Publisher and Title list for participating publishers and journal titles.
See also: Configuring a LOCKSS box
Once the publisher has authorized the LOCKSS to collect and preserve the journal content, participating libraries can archive their own copy of subscribed content and share access with their patrons. It uses a web crawler to verify publisher permission and collects the same format the publisher delivers via HTTP.
It runs on standard desktop hardware and requires very little skilled administration.
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A format migration process can convert data to a current format if browsers no longer support the format in which the copy was collected.
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LOCKSS acts as a web proxy so content can be retrieved transparently at the original URL; bookmarks and searches continue to work .
Digital archives are subject to damage by hacking, so the content must be protected. Archived content on LOCKSS is periodically audited and compared to copies in other library archives, and damaged or missing content is repaired, eliminating the need for back-up of digital copies.
- Access through a third party, such as Portico.
If the third party is not identified in the contract, be sure the license specifies what the responsibility of that third party will be. Look for language stating that access will be guaranteed and that the content will be in a format essentially equivalent to the original publisher format.Portico started as the Electronic-Archiving Initiative by JSTOR in 2002, as an e-journal preservation project with proprietary software and annual licensing fees. Portico preserves archival content on its own servers. Portico receives source files from the publisher and converts them to a standard archival format, which may be different than the original publisher format.
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Participants pay a one-time archive development fee and an annual archive support fee, which is proportionate to that library’s total materials expenditure.
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The preservation methodology is migration; as new file formats come into use, data in obsolete formats will be updated.
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Technical:
Firewall/Ariel consideration
http://www.securitypresentations.com/Authorization of remote users
http://portal.humbul.ac.uk/reports/EffectiveCustomerAuthenticationWorkshopReport.txt
http://www.athensams.net/IP consideration
http://www.copyright.iupui.edu/fileshare.htmStatistics
Vendor provided usage data
In what format and how often? The current preferred standard is Counter,“comma delimited” file to load into a spreadsheet, XLM etc.Side counters
http://www.google.com/analytics/
http://www.easycounter.com/FreeCounter3.html
http://www.hitcounters.info/
http://www.amazingcounters.com/Define what gets counted
Usage statistics can identify heavily used materials and also identify infrequently used materials that can assist with collection development. Typically, what is being used (content), who is using it (user), and how the database is being used (activity) are measured. When the content is used and how the data will be presented are other questions of interest. The use of content is defined as viewing, downloading, printing, or e-mailing the full text. Usage activities are measured with (hits, sessions, downloads) and summarized by the hour, day, week, month, and year. A "hit" registers each time the server receives a request to act (e.g., to do a search, to view an abstract, or to download an article.)-
Customize statistics
The more options the publisher provides the more useful the statistics will be for you. For examples:
Query the system and specify the time period covered.
Access multiple years of data online to monitor growth.
Graph usage across years or titles or compare usage with that of other libraries.
Access data that are real-time or periodic updates nightly, weekly, or monthly basis.
Establish a profile and routinely receive the results by e-mail.
Many thanks for the efforts of the volunteers of the National Network of Libraries of Medicine, Southeastern/Atlantic Access Regional Advisory Committee in compiling this e-licensing tool for the membership.
For further questions about e-licensing, please contact the NN/LM SE/A Network Access Coordinator, Beth Wescott.