1 New Trends in Managing Library Consortia Dr.

1 New Trends in Managing Library Consortia Dr.

1 New Trends in Managing Library Consortia Dr. Neeraj Chaurasia Deputy Librarian Central Library Indian Institute of Technology (IIT) Delhi [email protected] 19th National Convention on Knowledge, Library and Information Networking (NACLIN 2016) Outline 2 Emergence of Library Consortia in India Consortia approach to E-resource Subscriptions Benefits

E-Resource Pricing Models Library Consortia - Major Issues and Challenges New Trends in Managing Library Consortia Model License Agreement Major Points of Negotiations with Publishers Some of the Tips for Successful Negotiation(tested and practiced) Summing-up

Resources for references 19th National Convention on Knowledge, Library and Information Networking (NACLIN 2016) Introduction 3 The Higher education system in India is large and complex. India has the third largest higher education system in the world, behind China and the United States comprising of 795 universities, 39,671 affiliated colleges,

10,15,696 teaching faculty and 2,37,64,960 students including 2,00,730 research scholars. 29,34,989 post-graduate and Total enrollment has increased from 2 lakhs in 1947 to 238 lakhs in 2013-14. Colleges, affiliated to 194 affiliating universities, constitute the bulk of the higher education system in India contributing around 86.48% of the total enrollment. Source : National Institutional Ranking Framework (NIRF) University Ranking, 2015

Introduction 4 Educational institutions in India, especially universities and colleges, face acute shortage of funds to subscribe to international scholarly journals. It is estimated that a typical university in India subscribes to less than two hundred international journals. Some of the Indian universities do not subscribe any international journals at all. While there are around 50,000 scholarly journals, all the institutions in India put together had combined subscriptions to only around 1500 journals in print till Govt.-funded consortia came into picture. Many smaller colleges and institutions subscribe to fewer than

hundred journals. Most of the colleges do not have financial resources to 19th National Convention on Knowledge, Library and Information Networking subscribe any international journal, their subscription (NACLIN 2016) list includes few Indian journals and a few popular magazines. Introduction 5 Different Library consortia in India have successfully infused a new culture of electronic access to selected scholarly electronic journals and databases in different disciplines amongst academic community in institutions and universities. Consortium certainly benefited the higher education system in India immensely. Consortium efforts, lead to increase in productivity of scientific

research output both in quality and quantity. Research productivity of scientists and researchers in beneficiary institutions/universities increased with increase in availability and accessibility of qualitative information resources. Quality of teaching, research and publications of scientists and scholars are impacted with accessibility and availability of e19th National Convention on Knowledge, Library and Information Networking resources. (NACLIN 2016) 6 EMERGENCE OF LIBRARY CONSORTIA IN INDIA 19th National Convention on Knowledge, Library and Information Networking (NACLIN 2016) Emergence of Library Consortia in India 7

Accessibility to international journals in Indian universities and technical institutions has improved many-fold with setting-up of a number of Government-funded library consortia. Prior to setting-up to these consortia, the access to e-journals was restricted to premier institutions like IISc, IITs, IIMs and a few central universities who were subscribing to few eresources including bibliographic databases on CD-ROM, a few e-journals accessible free with subscription to their print versions and a negligible fraction of e-journals on subscription. After launch of INDEST Consortium in 2003 and 'UGC Infonet DL Consortium' in 2004, availability and accessibility of eresources increased phenomenally, setting in a new culture of 19th National Convention on Knowledge, Library and Information Networking electronic access of e-resources in educational institutions. (NACLIN 2016) Emergence of Library Consortia in India 8 More than ten Government-sponsored library consortia (or consortia-like) initiatives were in operations till December 2015, including three consortia under the MHRD, i.e. INDEST-AICTE Consortium (Technical Education Bureau, MHRD),

UGC-INFONET Digital Library Consortium (UGC) and N-LIST programme (NME-ICT) 19th National Convention on Knowledge, Library and Information Networking (NACLIN 2016) Emergence of Library Consortia in India 9 Other seven consortia initiatives are : National Knowledge Resource Consortium (CSIR), DAE Consortium (DAE), MCIT Consortium (MCIT), ERMED (MH & FW),

DELCON (DBT), CERA (ICAR) and DRDO Consortium (MoD) 19th National Convention on Knowledge, Library and Information Networking (NACLIN 2016) Emergence of Library Consortia in India 10 Based on the recommendation of an Expert Committee, the MHRD has formed e-Shodh Sindhu Consortia in December 2015, after merging three consortia initiatives :

INDEST-AICTE Consortium (Technical Education Bureau, MHRD), UGC-INFONET Digital Library Consortium (UGC) and N-LIST programme (NME-ICT) e-Shodh Sindhu provides current as well as archival access to more than 15,000 core and peer-reviewed journals and a number of bibliographic, citation and factual databases in different disciplines from a Library large number 19th National Convention on Knowledge, and Information Networkingof 2016) publishers and aggregators to its (NACLIN member Emergence of Library Consortia in India 11

INFLIBNET Centre acts as a nodal agency for implementation, monitoring, and execution of the entire programme through different committees. INFLIBNET Coordinates all activities concerned with negotiation, renewal of subscription to e-resources, and attending to subsequent troubleshooting on behalf of e-Shodh Sindhu. 19th National Convention on Knowledge, Library and Information Networking (NACLIN 2016) 12 CONSORTIA APPROACH TO E-RESOURCE SUBSCRIPTIONS - BENEFITS 19th National Convention on Knowledge, Library and Information Networking (NACLIN 2016) Consortia approach to E-resource Subscriptions - Benefits

13 A large number of electronic journals can be accessed through the membership of consortia; Smaller institutions can have access to wide range of journals; Consortia acts as a single-window service for a large number of institutions to meet their diverse research and academic interest; Getting deep discounts through joint pricing negotiations with most favourable terms of agreement

for a wider range of e-resources; Consortia offers better terms of agreement for use, archival access and preservation of subscribed National Convention on Knowledge, Library have and Information Networking (NACLIN electronic19thresources, which is not been possible 2016) for any single institutions; Consortia approach to E-resource Subscriptions - Benefits 14 Help in developing common resources databases and

better scope for developing a union catalogue among participating libraries; Availability and monitoring of usage statistics; Effective document delivery systems; Researchers and authors get benefit as consortia made it possible to expend greater potential readership; For publishers, the consortium offers reduced attrition; improved income stability; incremental revenue; and greater visibility of their products; 19th National Convention on Knowledge, Library and Information Networking (NACLIN 2016) 15 E-RESOURCE PRICING MODELS

19th National Convention on Knowledge, Library and Information Networking (NACLIN 2016) E-Resource Pricing Models 16 No standard pricing model; consortia have to negotiate with the publishers to arrive at mutually agreed prices and T&C; Different publishers are offering different pricing models; Subscription rates depending upon various factors like :

number of users, availing of inter-library loan, duration of subscription, level of use, on standalone system, on Local Area Network, with IP address or on Proxy Server etc. 19th National Convention on Knowledge, Library and Information Networking (NACLIN 2016) E-Resource Pricing Models 17

Print + e-journals, only e-journals List price, List price & discount Select title, Subject bundle, Entire package Core collection+ subject collection+ content/access fee Membership based pricing Tier based pricing-number of users & level (FTE), number of concurrent users Flat fee, cross sharing, core collection & custom collection Usage based model Single year, multi year, pro-rata pricing Single location, satellite locations, multi location Consortium prices - depends on numbers Subscription model, with perpetual access, entire back files, select year files Convention Knowledge, Library and Information Networking Pay per article19th or National collection ofonarticles (number of(NACLIN 2016)

download) 18 LIBRARY CONSORTIA - MAJOR ISSUES AND CHALLENGES 19th National Convention on Knowledge, Library and Information Networking (NACLIN 2016) Library Consortia - Major Issues and Challenges 19 Identification of E-resources Pricing of E-resources Negotiations

Print dependent subscription Taxation Issues Archival Issues Continuity/Perpetuity Access Management Usage and usability Issues 19th National Convention on Knowledge, Library and Information Networking (NACLIN 2016) Identification of E-resources 20 Identification of most suitable e-resource with limited allocated budget; Every member have their own requirement and wish-list of e-resources;

It is difficult to the consortia to arrive at a consensus over the e-resources to be subscribed; Needs of the members can be fulfilled only if the consortia has sufficient budget; In case of budget crunch, this issue becomes the prominent one. 19th National Convention on Knowledge, Library and Information Networking (NACLIN 2016) Pricing of E-resources 21 Pricing of e-resources is not fixed as in case of printed material; No standard practices or processes being followed by

majority of the publishers; Different publishers have different pricing policies and models which go on changing from time to time; Difficult to remain in touch with changing policies and models which may further vary from publisher to publisher also; Base price quoted for calculation of consortia deal often is worked out for developed countries and publishers are quoting the same price structure for Indian consortia; 19th of National Convention Library and Information Networking Concept list priceon Knowledge, for e-resources has become (NACLIN 2016) essentially meaningless; Pricing of E-resources 22

In general, the price rise per year is about 3-6% from publishers, should have a cap on price rise; Increase in price due to inflation; Fluctuation in foreign currency impacted on budget in Indian rupees; While making deals, publisher typically seek to maximize their income, whilst libraries/consortia typically strive to optimize their costs; 19th National Convention on Knowledge, Library and Information Networking (NACLIN 2016) Print dependent subscription 23 Some of the publishers like Elseviers Science Direct, AIP, APS, Springer, etc. are still quoting the print dependent subscription rates and insisting to maintain their print base/e-base subscription which create

problem to the consortia as well as for the libraries to justify the rate of subscription. 19th National Convention on Knowledge, Library and Information Networking (NACLIN 2016) Negotiations 24 Publishers want to protect their own interest which may not suit the consortia; Negotiations for subscription to e-resources, terms and conditions on purchases and legalities involved are done by Negotiation Committees; Committees consisting the experts in their respective

subject fields and Committee members are not acquainted with art of negotiation; Committees do not have professional negotiators. Moreover, most often, committees negotiate rates of annual subscription offered by the publisher and annual increase in rates of subscription; 19th National Convention on Knowledge, Library and Information Networking Other terms and conditions of subscription are (NACLIN not even 2016) Taxation Issues 25 Tax Deducted at Source (TDS) Consortia/Libraries will have to deduct TDS when they make payment for purchase of e-books/e-journals as they may be considered as software/electronic data. This has come into effect since July 2012.

There is no clarity on whether the law considers ebooks/e-journals as equivalent to software. There is a needs to insist on the Government for policy clarification on this matter and request for exemption of e-resources of educational nature from TDS deduction. 19th National Convention on Knowledge, Library and Information Networking (NACLIN 2016) Archival Issues 26

Online resources are remotely located which often remain under ownership of publishers or vendors; Publishers offer access to subscribed e-resources for the period of subscription; Access gets terminated as soon as the subscription period is over; Most of the publishers offer access to e-journal archives for the period for which subscription was paid for free or for a fee; Publishers, most often demand a fee for using their access platform for accessing archives after termination of subscription; Maintenance fee, platform fee and license charges has to be paid, in case responsibility of archiving is assigned 19th National Convention on Knowledge, Library and Information Networking (NACLIN 2016) to the publisher which is not fixed and vary publisher to Archival Issues 27

Archiving backfiles is also a issue; Decision has to be taken whether, archival responsibility would remain with the publishers or consortia will make its own arrangement; If the responsibility of archiving is assigned to the publisher, consortia shall have to pay maintenance and license charges for back issues; Timely care in its maintenance and migration from old platform to new one is a issue from time to time; This is an area which needs utmost attention and unfortunately this is yet to be attended by the consortia in India; Most of the consortia do not have any archival policy or solution for their subscribed resources because of paucity 19th National Convention on Knowledge, Library and Information Networking of funds and technical know-how; (NACLIN 2016) Continuity/Perpetuity 28

Consortium need to subscribe e-resources in perpetuality since journals and databases are published in perpetuity. It is difficult for most of the consortia to convince their concerned ministry/funding agency about continuation of an initiative indefinitely. As such, continuation of a consortium in perpetuity becomes questionable. 19th National Convention on Knowledge, Library and Information Networking (NACLIN 2016) E-resource Management/Access Issues 29 E-resources are

scattered on different websites/platform which is not convenient to the users for browsing and searching. Users neither have time nor patience for visiting number of locations of websites or platforms. All resources need to be integrated for access with a single stroke of key/single window search. 19th National Convention on Knowledge, Library and Information Networking (NACLIN 2016) Access Management 30

There are various access methods offered by publishers towards accessing their resources and it varies case to case. Proxy server and setting up of VPN is being used by some of the consortia, whereas some consortia are using Ezproxy as temporary solution to provide offcampus access to subscribed content. Proxy server and setting up of VPN can, at best be considered as temporary solution with several inherent problems. 19th National Convention on Knowledge, Library and Information Networking (NACLIN 2016) Usage and usability Issues 31 ROI of consortia is measured in terms of increased usage of e-resources which is ultimately reflected in

the scientific productivity of member institutes. Usage is one of the most important parameters to judge effectiveness of consortia as well as e-resource. Manual compilation and analysis of usage statistics is a time-consuming process for a consortium having large number of member institutions. Consortium should have the provision to harvest the usage statistics from publisher website directly to remove the human intervention of data manipulation. 19th National Convention on Knowledge, Library and Information Networking (NACLIN 2016) Legal issues 32 Licence Terms and conditions - Publisher license includes useful rights but also with significant restrictions & responsibilities. Thorough understanding of license language & its impact on access has become critical for libraries.

Legal issues should be addressed in licensing agreement: Terms of payment Grace period Governing laws Resource providers authority to provide access 19th National Convention on Knowledge, Library and Information Networking (NACLIN 2016) Details discussion under Arbitration 33 Most of the publishers put a clause in the license agreement that in case of any dispute, litigation suit will be settled in the courts of their own country. Some are agreed on reciprocal arbitration clause (court of law of respective countries). At this point of time, one has to deliberate and insist on settling the issues in the courts of

our own country. Body in India for settling the dispute to arbitration is International Center for Alternative Dispute Resolution (ICADR), New Delhi. 19th National Convention on Knowledge, Library and Information Networking (NACLIN 2016) Some other issues 34 Overlapping of journals in different packages, Different terms and conditions of accessing, downloading and printing of subscribed content.. may not be allowed to download whole issue of the journal, may not send article through e-mail,

may not store articles for future use, etc. Discontinuation of access during subscription period because of serial downloading -- No proper definition of serial/access downloading. Some publishers do not prorate subscription rates. 19th National Convention on Knowledge, Library and Information Networking (NACLIN 2016) 35 NEW TRENDS IN MANAGING CONSORTIA 19th National Convention on Knowledge, Library and Information Networking (NACLIN 2016) New Trends in Managing Consortia 36

Resource Selection Committee (RSC) which is looking after requirement and demand of e-resources of the members. RSC select and evaluate the e-resources subscribed by the consortia on the basis of usage. New e-resources are added and others discontinued after due evaluation. Pre-negotiation meetings and discussion with the members of negotiation committee to form strategy for negotiation. Formation of guidelines for negotiation to reach equilibrium between what the publisher charges and what the libraries are willing to pay. Some of the consortia are hiring the services of professional negotiators. New Trends in Managing Consortia 37

E-resources available through the Consortium are governed by license agreements. Now, the Consortium takes utmost care to protect the rights of the users as well as the members before signing an agreement. Consortia sign License agreement after getting vetted legally by the experts before placing the order for eresources. For document delivery and inter-library loan, J-Gate Custom Content for Consortium (JCCC), designed especially for the consortium, provides content-level access to all the electronic journals subscribed by all its members. Different consortia are trying to resolve the taxation issues with the concerned as well as 19thhelp National of Convention on Knowledge,ministries

Library and Information Networking (NACLIN 2016) by taxation experts. New Trends in Managing Consortia 38 Now, consortia are insisting on the Government for policy clarification on this matter and request for exemption of e-resources of educational nature from TDS deduction. Most of the consortia have provision to provide archival access to subscribed content through publishers website and some are working on this issue to get the proper solution of archival of subscribed contents. Archival solution to subscribed content after termination of subscription can be achieved either by

local hosting of subscribed content on behalf of all members or by signing-up agreements with organizations with Portico, CLOCKSS, LOCKSS. The MCIT 19th National Convention on Knowledge, and Information Library consortium has Portico asLibrary solution for Networking archival (NACLIN 2016) access. New Trends in Managing Consortia 39 e-Shodh Sindhu consortia is working for the solution to

archive back issues in their local server for certainty of all time availability, as the above mentioned solutions are very expensive. Federated search and discovery services for single window search interface for subscribed resources. Off-campus access/remote subscribed content. Shibboleth-based Access Management System is being implemented by the eShodh Sindhu. Some of the consortia are using a custom made web interface called e-RAMS to provide and deliver statistics of usage to members. 19th National Convention on Knowledge, Library and Information Networking access

tools to access (NACLIN 2016) New Trends in Managing Consortia 40 Publishers also provide User ID and Password to the members for accessing the statistics of usage of their resources directly from publishers website. INFLIBNET Centre, Gandhi Nagar has developed a usage portal 'InfiStates' using COUNTER and SUSHI standards for automatic harvesting of usage statistics as well as for providing usage statistics with graphic representation for the members of e-Shodh Sindhu Consortia. This initiative can be extended to all

consortia. Cost Recovery and Average Cost of article per download are used effectively to judge cost effectiveness of e-resources. 19th National Convention on Knowledge, Library and Information Networking (NACLIN 2016) New Trends in Managing Consortia 41 Several steps are taken to ensure utilization of resources among all members to justify the amount of money spent for the e-resources. Usage of e-resources is continuously monitored which help in taking decisions.

Soft-copies of tutorials are made available through consortium website. Website also provides links to web based online tutorials available for these resources. The members are informed to utilize the e-resources in case of there is poor usage of e-resource. 19th National Convention on Knowledge, Library and Information Networking (NACLIN 2016) 42 MODEL LICENSE AGREEMENT 19th National Convention on Knowledge, Library and Information Networking (NACLIN 2016) License Terms and Agreement 43 Consortia licensing - a legal process of acquiring usage rights of the intellectual property governed by the copyright laws for a community of members.

Publishers and consortium sign license agreement which is binding both the parties. All terms and conditions for subscribing these resources are spelled out in license agreements that are signed with each publisher by the Consortium on behalf of its members. Consortium should take utmost care to incorporate all terms and conditions and protect the rights of the users as well as the members before signing an agreement. Terms and conditions of e-resources varies amongst various publishers. 19th National Convention on Knowledge, Library and Information Networking (NACLIN 2016) Model License : Major clauses 44

Introduction Definitions of Terms Grant of License Permitted Usage Restrictions Responsibility of Licensor Responsibility of Licensee Mutual Responsibilities Fees and Payment Term and Termination

Acknowledgement and Protection of Intellectual Property Rights Representation and Warranties Force Majeure Governing Laws and Dispute Resolution Notices Some of the Clause 19thGeneral National Convention on Knowledge, Library and Information Networking (NACLIN 2016) Model License 45 INTRODUCTION Licensor, Licensee, effective date

DEFINITION - Key Terms used GRANT OF LICENSE Nature of materials Grant of license Ownership of intellectual property FEES Fees, payment, price cap, etc Notice of price increases 19th National Convention on Knowledge, Library and Information Networking (NACLIN 2016) Model License 46 AUTHORIZED USERS AND USES o Authorized Users (regardless of physical location) fulltime & part-time students Licensee's fulltime & part-time employees Other valid ID holders, alumni Users not affiliated- walk in users o Authorized Uses Usage rights Interlibrary Loan

Course reserves 19th National Convention on Knowledge, Library and Information Networking Course packs (NACLIN 2016) Model License 47 o o o Authorized Uses Education, teaching & research Scholarly sharing Scholarly citation Electronic links Bibliographic citations Text & data mining Caching Backup copy No diminution of rights Authors own works 19th National Convention on Knowledge, Library and Information Networking (NACLIN 2016)

Model License 48 DELIVERY & ACCESS o Delivery- content hosting o Access & Authentication o o o IP addresses, Proxy servers, Passwords, Any other Remote access/off campus access Restrictions o o o o Unauthorized use Modification of licensed materials Removal of copyright or trademark notice Commercial purpose

19th National Convention on Knowledge, Library and Information Networking (NACLIN 2016) Model License 49 PERFORMANCE OBLIGATIONS o Licensor performance obligations Availability of licensed materials Discovery of licensed materials Persistent linking Online terms & conditions Disabilities compliance Documentation, Support, Training, Updates Quality of service Problems with licensed materials Transfer or acquisition of titles 19th National Convention on Knowledge, Library and Information Networking (NACLIN 2016) Model License 50 o

Licensor Performance Obligations Completeness of content Notification of modifications of licensed materials Withdrawal of licensed materials Itemized holdings list Usage statistics- COUNTER code of practices Confidentiality of personally identifiable information Notice of the use of digital rights management technology Use of watermarking technology Open Access 19th National Convention on Knowledge, Library and Information Networking option (NACLIN 2016) Model License 51 o Licensee Performance Obligations License terms notice Protection from unauthorized use Maintaining confidentiality of access passwords

o Mutual Performance Obligations Notification of unauthorized use 19th National Convention on Knowledge, Library and Information Networking (NACLIN 2016) Model License 52 TERM, RENEWAL & TERMINATION o Agreement term-validity o Renewal o Early termination for financial hardship o Termination for breach o Refunds DISPUTE RESOLUTION o Dispute resolution 19th National Convention on Knowledge, Library and Information Networking (NACLIN 2016)

Model License 53 PERPETUAL LICENSE & ARCHIVES o Perpetual license o Archival copy o Third party archiving services WARRANTIES & INDEMNIFICATION o Warranties o Warranty disclaimers o Indemnities 19th National Convention on Knowledge, Library and Information Networking (NACLIN 2016) Model License 54 MISCELLANEOUS PROVISIONS o Assignment & transfer

o Governing law o Force Majeure o Entire agreement o Amendment o Severability o Waiver of contractual right o Notices o Survivability 19th National Convention on Knowledge, Library and Information Networking (NACLIN 2016) License Terms & Agreements : Resources 55 Model licenses- Liblicense (CRL), JISC, CDL & others

SERUShared Electronic Resource Understanding (NISO) Key Issues for E-Resource Collection Development (IFLA) INFLIBNET Terms & Conditions Vast amount of professional literature Prepare a comprehensive checklist & use it during negotiation appropriately 19th National Convention on Knowledge, Library and Information Networking (NACLIN 2016) 56 NEGOTIATION 19th National Convention on Knowledge, Library and Information Networking (NACLIN 2016) Negotiation 57

To hold a discussion to reach an agreement on a particular matter. A process, generally consisting of communication, discussion or interaction involving two or more parties. These parties have conflicting goals or interests, but the objective is to reach an agreement . Process is about discussing what makes a sense to both parties & finding a compromise to satisfy both parties - a win-win situation. 19th National Convention on Knowledge, Library and Information Networking (NACLIN 2016)

Negotiation - Types 58 Soft negotiation : goal is agreement, insist on agreement, yield to pressure & accept one-sided losses to reach agreement. Hard negotiation : goal is to win, insist on your position, people are adversaries & untrustworthy, apply pressure, demand one-sided gains as the price of agreement. Principled negotiation : goal is a wise outcome; using objective criteria; problem solving; independent of trust; yield to principle, not pressure; be open to reason; invent options for mutual gain.

Assertive negotiation & not aggressive : finding middle ground; solving problem; limits are 19th National Convention on Knowledge, Library and Information Networking respected; win-win outcome; openness to reason. (NACLIN 2016) What is to be negotiated? 59 Price of e-resource being subscribed or considered for subscription To reach equilibrium between what the publisher charges and what the libraries are willing to pay Licensing terms for accessing an eresources To reach equilibrium between the ideal terms for the library & ideal terms for publisher 19th National Convention on Knowledge, Library and Information Networking

(NACLIN 2016) Major Points of Negotiations with publishers 60 Coverage : Total number of journals covered in a resource (Records in case of databases). Journals Offered : Total number of journals offered in the proposal. Subscription Rates : Rates of subscription as compare to its list price (in decreasing order with increase in no. of

subscribers / members). Dependency of subscription rates on print subscription. Increase in rates of subscription in subsequent years. Backfiles : Access to backfiles (no. of years)/backdata offered. Archival Access : Perpetual /CDs /Print/Other media. Resource Sharing/Inter Library Loan (ILL) using soft copy / print copy. Open Access Policy: Policy regarding permitting selfarchiving of articles by on Knowledge, authorsLibrary through institutional 19th National Convention and Information Networking (NACLIN 2016) 61 SOME TIPS ON NEGOTIATIONS (TESTED & PRACTICED) 19th National Convention on Knowledge, Library and Information Networking

(NACLIN 2016) Before you begin negotiations 62 Deal directly with the publisher, instead vendor, aggregators Be prepared with all the information required Know what you need- resource Know your budget & price you can afford/willing to pay Be clear about what is sustainable price Who represents Library, publisher & consortium Plan what to gain, be open & but be flexible Try to understand publisher, market standing, values they stand for

Have a trial access & use data Get initial price quote- review, check with other libraries Get draft copy of the license & thoroughly review & identify issues 19th National Convention on Knowledge, Library and Information Networking (NACLIN 2016) During negotiations 63 Listen carefully & actively & be alert Ask proactive questions, communicate clearly Never assume anything- seek clarity Be assertive-but not aggressive Take notes, check them frequently, and use them

often, do not miss out important points Clear up any misunderstandings promptly then & there only Know when to take a break- if not leading anywhere Know when to walk away- when not in agreement 19th National Convention on Knowledge, Library and Information Networking (NACLIN 2016) Some more tips 64 Negotiation is not an I win-you lose, should be win-win Avoid oral agreements Know what you can give up & how much you can

spend Plan your negotiations- timing, duration, people involved, moves Stay focused & on track with your needs Need not be in a hurry to complete process Sign license agreement before ordering 19th National Convention on Knowledge, Library and Information Networking (NACLIN 2016) 65 SUMMING-UP 19th National Convention on Knowledge, Library and Information Networking (NACLIN 2016) Summing-up 66

Consortia issues can be tackled by adopting right approach and following the right procedures with the coordinated approach of members of consortia. Collective and logical negotiation with the publishers to get the maximum resources at the minimum price is the way to optimise the use of resources. In a developing country like India, a major portion of education and research are funded by the Government, National Consortium is the practical solution, making one payment and adjustments while allocating their individual budgets. Most of the consortia operate as projects given to one of the beneficiary institutions. Using non-plan funds and do not have adequate financial and technological support to overcome the limitations. 19th National Convention on Knowledge, Library and Information Networking (NACLIN 2016) Summing-up 67 A number

consortia. Different consortia should come together so that more number of members are benefitted in the larger national interest. National Consortium may be a cost-effective mechanism, if worked out at government level. National Consortium would greatly reduce duplication of efforts and provide greater purchasing/negotiation power. e-Shodh Sindhu Consortium is one of the initiative taken by the MHRD after merging three consortia funded by the MHRD. This can be extended with other consortia initiatives which

are funded by other ministries as well. There is of a e-resources requirement are for common a amongst single

all umbrella Resources for reference 68 Albitz, Becky (2014). Successfully negotiating an agreement, in Licensing and Managing Electronic Resources. Oxford, England: Chandos Pub., pp. 83-119 Brown, Abbie (2014). Negotiation of e-resources licensing and pricing terms, in ALCTS Webinar Association for Library Collection and Technial Services ALA

http://www.ala.org/alcts/confevents/upcoming/webinar/050714 Brown, K. (2008). Tactics and terms in the negotiation of electronic resource licenses, in Yu, H., & Breivold, S. (Eds.). Electronic resource management in libraries: research and practice. Hershey, PA: IGI Global, pp. 176-192 Carrell, M. R., & Heavrin, C. (2008). Negotiating essentials: theory, skills, and practices. Upper Saddle River, NJ: Pearson/Prentice Hall. CDL Model License Agreement (2011). Standard license agreement: publisher and the regents of the University of California. California Digital Library available at Reference 69

Fisher, R., Ertel, D., & Fisher, R. (1995). Getting ready to negotiate: the Getting to yes workbook. New York: Penguin Books. Harris, L. (2009). Un-intimidating negotiations, in Licensing digital content: a practical guide for librarians. Chicago: ALA, 2009, 2d ed. pp. 87-98 IFLA (2001). IFLA licensing principles 2001. International Federation of Library Associations and Institutions (IFLA) available at http://www.ifla.org/publications/ifla-licensing-principles-2001 Johnson, S. et al. (2012). Key issues for e-resource collection development: a guide for libraries. IFLA, Acquisition and Collection Development Section available at http://www.ifla.org/publications/key-issues-for-e-resource-collectiondevelopment-a-guide-for-libraries Libsicence (2014). Liblicense model license agreement & commentary. Libsicence Center for Research Libraries available at http://liblicense.crl.edu/wp-content/uploads/2014/11/modellicense2 014new1.pdf NISO SERU Standing Committee (2012). SERU : a shared electronic 70 Questions & Clarifications

71 Thanks for your kind cooperation & Patience Hearing Dr. Neeraj Chaurasia Deputy Librarian, IIT Delhi [email protected]

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