De-mystifying the Licensing of Electronic Resources
By Tracey Palmer

 

On March 4, 1999, through a stroke of good luck, I was fortunate enough to be able to attend a distance learning videoconference, presented by the Special Libraries Association and the Association of Research Libraries, which was sponsored by Lexis-Nexis.  This informative program introduced eighteen Toronto location participants to the dynamic and changing world of licensing electronic products.

The panel of speakers consisted of three extremely knowledgeable women.  Among them, they have an extensive wealth of experience on this topic.  Pamela Clark has over fifteen years experience in the information industry and is currently with the American International Group, managing worldwide information services' contracts and giving advice on the use of external data in the business environment.  Trisha L. Davis is an Assistant Professor and Head of the Serials and Electronic Products Department at The Ohio State University (OSU) Libraries.  Since 1997, she has served as the Visiting Program Officer for Licensing of Electronic Products at the Association of Research Libraries.

The panelists initially provided an overview of licensing, an excellent segment that provided information in several areas.  They firstly defined copyright as "the right to copy an original work of authorship."  Works included in this definition are: literary works, musical works, dramatic works, pantomimes and choreographic works, pictorial, graphic, and sculptural works, motion pictures and other audiovisual works, sound recordings and architectural works. 

The panelists next answered the question "what rights are actually protected by copyright?"  Copyright owners have the following exclusive rights:

  1. reproduction,
  2. adaptation,
  3. distribution,
  4. performance, and
  5. display.

I was interested in learning what a license actually is and it was defined as "permission from the copyright owner to use all or a portion of a copyrighted work for a particular purpose during a specific period of time.  There are four different types of licenses:

  1. shrink wrap,
  2. standard form (boiler plate),
  3. individually tailored licenses, and
  4. exclusive vs. non-exclusive licenses.

One of the most useful pieces of information that I received from the videoconference was the list of tips on understanding licensing agreements.  Some of the tips include:

  1. read the license and all attached exhibits,
  2. make sure that you understand all relevant terms and can provide a specific definition of them,
  3. if you don't understand a clause, ask questions until you do,
  4. insist that the language be written in plain English language, rather than using fancy terms,
  5. insist that any language that does not apply be deleted from the contract,
  6. check what rules exist for termination or cancellation of the contract,
  7. clarify the rights retained on any material previously licensed after termination,
  8. be on the look out for clauses that impose burdens on a library to monitor or restrict use,
  9. make sure that any "promises" are written into the agreement,
  10. understand the difference between "choice of law" and "choice of jurisdiction,"
  11. libraries may be entitled to certain accommodations that for-profit commercial enterprises are not,
  12. if you are still mystified, seek help.

Overall, the videoconference was both interesting and informative.  The content was entwined with a practical exercise that enabled participants to review and critique an actual contract in its initial stages.  For those of you who missed the videoconference and would like to know more about the licensing of electronic resources than has been presented in this article, please visit the SLA website  or ARL's website for more videoconference material.  At these websites you will find a glossary of licensing terms, a checklist for understanding licensing agreements, a bibliography of resources and answers to all the questions that were not answered live on the air on March 4th.  SLA will be presenting its second videoconference in its series of licensing programs on the topic of "Effective Negotiating of Electronic Resources" on October 14, 1999.  Mark your calendars now, as this topic is hot and current in today's world of information.  We as librarians need to be on the current edge of a dynamic environment that affects us everyday.

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