C. Derrik Hiatt Electronic Resources Librarian Wake Forest University Principles of Negotiation North Carolina Serials Conference 6 March 2015 Lesley Jackson, MLIS Account Services Manager EBSCO Information Services

Quick audience poll Any vendor representatives? Have you ever negotiated license or purchase terms?

1. Be prepared ●Know your objectives - what specifically are you trying to accomplish? Price, predictability of pricing, lower cost per use, more content, more transparency, better data ●Know your timetable ●Learn about the other party ●Use data ●Know industry norms

Selected Resources ●LIBLICENSE ( ●LicensingModels.org ●Model License Comparison Table ●Shared E-Resource Understanding (SERU) ●Use your previously-negotiated licenses

LIBLICENSE ● ●Center for Research Libraries and Association of Research Libraries ●2014 standard license update (previously called the “Yale model”) ●Licensing vocabulary ●New! Liblicense software

SERU ● ●NISO Best Practice ●Not a license - expresses commonly shared understandings about appropriate & inappropriate use of content, plus service provision, perpetual access, etc.

Use previously-negotiated licenses

2. Know how far you can/cannot go ●Know the limits of your authority. ●Know how the resource is going to be used. ●Know your organization’s rules, and the reasons behind them.

3. Don’t be afraid to ask ●The answer just might be yes. ●Ask questions you (think you) already know the answer to. ●But...

4. Respect the other party's position ●You have rules & limitations, so do they. ●The business relationship continues.

5. Don’t take it personally ●It’s an institutional disagreement, not a personal one. ●When frustration flares, take a break. ●Have a sense of humor.

6. Bring in other people if necessary ●Ask to speak to someone who can make an exception. ●Ask your supervisor for help. ●Leave ego out of it.

7. Look for the win-win* ●It’s not a competition. The library wants to buy, the vendor wants to sell. ●It takes work. Don’t assume there is just one way. * Stephen R. Covey, The Seven Habits of Highly Effective People: Restoring the Character Ethic (New York: Simon & Schuster, 1989).

8. Be patient, try to remain optimistic ●Stay positive ●Things may change on the library’s side ●Things may change on the vendor’s side ●“I am confident that we can find a solution that works for both of us.”

9. Learn and document ●Educate yourself on common licensing language ●Keep track of negotiated licenses and changes you and the vendor make

Thank you! C. Derrik Hiatt Wake Forest University Lesley Jackson EBSCO Information Services

Selected Resources ●LIBLICENSE ( ●LicensingModels.orgLicensingModels.org ●Model License Comparison Table ●Shared E-Resource Understanding (SERU)

Selected bibliography Beth Ashmore and Jill E. Grogg, “The Art of the Deal: Negotiation Advice from Library Leaders and Vendors,” Searcher 17, no. 1 (Jan. 2009): Lesley Ellen Harris, “When the Negotiations Begin, Listen Carefully, Stay on Point,” Information Outlook 11, no. 3 (Mar. 2007): 32. Jane Baugh, “Getting to Yes for Your Library,” AALL Spectrum 15, no. 6 (Apr. 2011), Amy R. Crawford, “Licensing and Negotiations for Electronic Content,” Resource Sharing & Information Networks 19, no. 1-2 (2008): 30. Jason Price, Donna LaFollette, Rick Burke, “Negotiation Principles,” ER&L Conference, Slides available at Stephen R. Covey, The Seven Habits of Highly Effective People: Restoring the Character Ethic (New York: Simon & Schuster, 1989). Roger Fisher, William Ury, and Bruce Patton, Getting to Yes: Negotiating Agreement Without Giving In, 2nd ed. (New York: Penguin, 1991).