1. Best practices, pitfalls and trends Corey S. Halaychik Assistant Professor & Electronic Resources Specialist University of Tennessee chalaych@utk.edu

2.  An understanding of the five stages in the electronic resource licensing process.  An awareness of common pitfalls in the licensing process and best practices to counteract them.  An idea of current trends affecting the licensing of electronic resources.  An understanding of the five stages in the electronic resource licensing process.  An awareness of common pitfalls in the licensing process and best practices to counteract them.  An idea of current trends affecting the licensing of electronic resources.

3. Discovery and Investigation Negotiation and Acquisition Activation and Implementation Support and Tracking Evaluation and Renewal

4. Offer – Receive initial license from vendor Mutuality – Discuss terms and conditions Acceptance – Parties agree to terms Consideration – Payment exchanged for access Enforcement – Penalty phase Source: Association of Research Libraries. “Licensing review and negotiation.” 2003. Online Lyceum. ARL. Office of Leadership and Management Services. URL: http://www.arl.org/training/licensing.html

5. Pitfall Going in blind Not reading thoroughly Contract law trumps copyright Best Practice Know what your users and institution want and need Ensure you have ample time to read and ask questions Expect the worst and negotiate the best

6. Pitfall Accepting “as is” Failure to find common ground Vague and confusing language Best Practice Show no fear Know your “frenemy” and find a win-win Be specific and leave no doubts

7. Pitfall Failure to launch Confusion after revisions Lapse in access Best Practice Track progress Verify final version before sending payment Ask for trial access during finalization

8. Pitfall Which version is being used Paying too soon The check is in the mail Best Practice Document each version of the agreement Ensure final agreement is signed by all before paying Track progress to ensure vendor is paid on time

9. Pitfall File and forget Looking the other way Letting time slip by Best Practice Perform periodic checks Address issues and hold vendors accountable Continue to track and set reminders

10.  Negotiations  Be reasonable  Be ready to handle objections  Keep the users, usage, and access in mind  You want less barriers to access and legal protection  Make friends with your sales representative  They love to hear from you  Negotiations  Be reasonable  Be ready to handle objections  Keep the users, usage, and access in mind  You want less barriers to access and legal protection  Make friends with your sales representative  They love to hear from you

11.  SERU  Publisher and library agree to follow well- established and widely-accepted common expectations in lieu of a formal license agreement  Standardization  Similar language used by vendors to allow licenses to be understood correctly and more visible to staff on the front line  Statistical data (COUNTER and SUSHI)  SERU  Publisher and library agree to follow well- established and widely-accepted common expectations in lieu of a formal license agreement  Standardization  Similar language used by vendors to allow licenses to be understood correctly and more visible to staff on the front line  Statistical data (COUNTER and SUSHI)

12.  PDA and Pay-Per-View  Licensing models are changing to address facilitation and portability between devices  Mobile Access  Availability, cost, and parameters of a mobile interface  Scholarly Sharing  Changes to address non-library mediated sharing  PDA and Pay-Per-View  Licensing models are changing to address facilitation and portability between devices  Mobile Access  Availability, cost, and parameters of a mobile interface  Scholarly Sharing  Changes to address non-library mediated sharing

13.  Copyright  Recent trend has been a move by rights holders to place more limitations on sharing  Georgia State University case was seen largely as a decisive victory for fair use and libraries  Could lead to more defined limitation language showing up in agreements  Could also give libraries more leverage to negotiate favorable terms  Copyright  Recent trend has been a move by rights holders to place more limitations on sharing  Georgia State University case was seen largely as a decisive victory for fair use and libraries  Could lead to more defined limitation language showing up in agreements  Could also give libraries more leverage to negotiate favorable terms

14.  Copyright Crash Course:  http://copyright.lib.utexas.edu/l-cntrct.html http://copyright.lib.utexas.edu/l-cntrct.html  NISO SERU Homepage:  http://www.niso.org/workrooms/seru http://www.niso.org/workrooms/seru  LIBLicense:  http://www.library.yale.edu/~llicense/index.shtml http://www.library.yale.edu/~llicense/index.shtml  My email address  chalaych@utk.edu chalaych@utk.edu  Copyright Crash Course:  http://copyright.lib.utexas.edu/l-cntrct.html http://copyright.lib.utexas.edu/l-cntrct.html  NISO SERU Homepage:  http://www.niso.org/workrooms/seru http://www.niso.org/workrooms/seru  LIBLicense:  http://www.library.yale.edu/~llicense/index.shtml http://www.library.yale.edu/~llicense/index.shtml  My email address  chalaych@utk.edu chalaych@utk.edu