EIFL Licensing Training 2: EIFL LICENCE AGREEMENTS 16 March 2017 Romy beard, Licensing programme manager Jevgenija Sevcova, Programmes and events coordinator

overview EIFL negotiates contracts with publishers on behalf of EIFL consortia and their member libraries. Negotiations are about price, as well as licence agreements. The licence agreements state the terms under which libraries and their users can use the publisher’s content.

In this training Why do we need license agreements? The EIFL model licence & deviations The licence acceptance form The different agreements EIFL uses Licence coordinator duties about licences Librarian duties Master licence checklist

1. Why licence agreements? A licence agreement is a formal document that legally gives permission to the library to use a certain resource It states the terms and conditions under which the publisher’s content can be used i.e. it states what users can and cannot do

2. The eifl model licence EIFL has created model licences which are used in most publisher agreements Exceptions: Hein, NEJM, JSTOR, EBSCO E- Books The model licences represent the latest international best practice in licensing e- resources They offer better access terms for users than standard publisher licences

Key features of the eifl model licence Broad definition of the Authorised User: Staff (permanent, temporary, retired) Students (undergraduates and postgraduates) Alumni (previous students) Contractors, any teachers of Authorised Users Walk-in users (people who are allowed by the Institution to access its information services from computer terminals or otherwise within the physical premises of the Institution) Remote access is allowed, except for walk-in users

More Key features of the model licence OA clause: Articles from the licenses materials written by an author from the institution can be put into an institutional repository after 12 months and be made available in Open Access Authorized users can deposit parts of the Licenced Material in an institutional repository on a secure network (access for Authorized users only) Authorized users can use the material for text and data mining

Eifl licence - Permitted uses Inter-library Loan: Libraries can supply to an authorised user of a non-commercial library in the same country by post, fax or secure electronic transmission a single paper copy (as long as electronic copy is deleted after printing) Libraries can provide single printed or electronic copies of single articles at the request of individual authorised users Users can display, download and print parts of the Licensed Material for promotion and training Make and distribute copies of training material provided by the Publisher

Usage restrictions No commercial use - only for educational purposes Never copy text from the e-resource and put on a openly available website Never remove or change copyright notices

Deviations from the model licence Some publishers ask us to make changes to the EIFL model licence All deviations are marked in red in the “licence checklist” on the website (pricing and licencing page – access for coordinators only) For example: Alumni are not included in the definition of authorized user (ASTM Compass, Cambridge journals, Oxford University Press)

Other examples of deviations Open Access clause is not included (Cambridge) or sometimes it is allowed but not the final journal version can be used (SAGE) Putting parts of the material in an IR within a secure network is not allowed (Cambridge, Royal Society) Inter-library loan not allowed (Euromonitor)

Example: bioone pricing and licensing page

Why do we need license agreements? The EIFL model licence & deviations The licence acceptance form The different agreements EIFL uses Licence coordinator duties Librarian duties Master licence checklist

3. The licence acceptance form Institutions interested in a new subscription need to complete the relevant licence acceptance form By signing the licence acceptance form, the library agrees to the terms in the licence – including any changes made! The agreement itself is drafted as an offer from the publisher to the institution, therefore there is no need for the institution or the publisher to sign the licence agreement. No need to sign another licence agreement sent to you by the publisher!

Why do we need license agreements? The EIFL model licence & deviations The licence acceptance form The different agreements EIFL uses Licence coordinator duties Librarian duties Master licence checklist

4. Eifl agreements Institution license agreement (free) Licence acceptance form (free) Institution licence agreement (paid) Licence acceptance form (paid) Consortium agreement (paid) Consortium licence acceptance (paid)

Why do we need license agreements? The EIFL model licence & deviations The licence acceptance form The different agreements EIFL uses Licence coordinator duties Librarian duties Master licence checklist

5. Licensing Coordinator duties Download the most recent licence acceptance form from the website (login required) and send it to librarians when asked Check the completed license acceptance forms from consortium members (up to date form? IP included? correct contact?) For paid access, has the start and end date been added? Is the correct price included? Send the completed form to the EIFL Licensing team at subscriptions@eifl.net

6. Librarian duties Libraries need to inform users of what they can and cannot do Include a note in any email communication when you announce the new subscription Have a page on your website that explains this in detail Put the customized licence checklist on your website or intranet

What am I allowed to do with content from commercial e-resources?? Any commercial use Downloading large portions of the database Displaying any parts of the database on a pubic website No Way! Access for alumni Access for walk-in users Data-mining Interlibrary loan of single paper copies of articles Ask! OK! Incorporation of small extracts in teaching and learning materials (e.g. course packs) with appropriate citation Remote access via a secure route

Why do we need license agreements? The EIFL model licence & deviations The licence acceptance form The different agreements EIFL uses Licence coordinator duties Librarian duties Master licence checklist

7. Master Licence checklist Gives overview of permissions, restrictions and authorized user definition for a variety of contracts It can be customized for each consortium by selecting the relevant products It would allow students to see easily what restrictions apply to each resource

Licence checklist

Let’s take a closer look…

Note about the master If your consortium/library has access to an e- resource via a direct agreement with the publisher, not via EIFL, the conditions of use may be different – because you will have signed a different licence with the publisher. Make sure to check this before you advertise the licence checklist!

Other relevant training EIFL Training: Processes and Communications for EIFL Licensing Coordinators EIFL Webinar: Introduction to EIFL Model Licences EIFL Webinar: Updates to the EIFL Model Licences and Opportunities for Local Adaptations EIFL Model Licences for E-Book Purchases (more specific) Licensing Basics (includes section on The Licence: What you can and cannot do)

www.eifl.net Thank you! Romy Beard Licensing Programme Manager romy.beard@eifl.net Jevgenija Sevcova Programmes and Events Coordinator Jevgenija.sevcova@eifl.net www.eifl.net