Licensing Electronic Resources

Licensing Background Implications Everyday Issues Occasional Issues Summary University of Alberta

Libraries Definition Licensing agreements are means for granting rights in property without transferring ownership of it USE not OWN University of Alberta

Libraries Types of Law Licenses are based on: Copyright law Contract law University of Alberta Libraries

Copyright Law Area of intellectual property law Provides the foundation for licenses University of Alberta Libraries Contract Law

Contracts are agreements between parties that bind the parties to act or refrain from acting in particular ways Contracts trump Copyright University of Alberta Libraries Why Licenses?

Uncertainties regarding copyright law interpretation Uncertainties regarding protection afforded by copyright law Ease of litigation University of Alberta Libraries

Parties to a License Information Provider Information Vendor Library / Institution

Library User University of Alberta Libraries License Issues Permissions Prohibitions Obligations

University of Alberta Libraries Everyday Issues - Users Authorized users Authorized locations Authorized uses Unauthorized uses

University of Alberta Libraries Authorized Users Primary users Secondary users (e.g. walk-in users) University of Alberta Libraries

Authorized locations Insitution wide? Physical restrictions (e.g. to a building)? Remote access allowed? University of Alberta Libraries

Authorized Uses - Users Activities Download Print Store Purpose Commercial / non-commercial use University of Alberta

Libraries Unauthorized Uses - Users Almost anything else. If in doubt, consult license. Fallback - copyright law. University of Alberta Libraries

Everyday Issues - Library Authorized uses Obligations University of Alberta Libraries Authorized Uses - Library

E-reserve Course Packs Commercial Use (I.e. fee for service) University of Alberta Libraries Authorized Uses - ILL Some vendors are ILL compliant, some arent.

CNSLP contract - includes ILL. University of Alberta Libraries Obligations - Library Inform users of use restrictions Security precautions Police users?

University of Alberta Libraries Vendors Warranties (e.g.) Content rights Obligations (e.g.)

System performance Respect user privacy Statistics University of Alberta Libraries Occasional Issues

Breach of contract Penalties Litigation Indemnities University of Alberta

Libraries Importance of Licenses Impact Risk Library Environment University of Alberta Libraries

Summary Two-way agreements Institutional Requirements Future of licensing University of Alberta Libraries

Resources http://www.library.yale.edu/~llicense/ http://www.arl.org/scomm/licensing/ Harris, Lesley Ellen. Licensing Digital Content. Chicago, Ill.: ALA, 2002 University of Alberta Libraries