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Mrs Priyanka P Wadekar Assistant Librarian, Jayakar Library, SPPU & Dr (Mrs.)Neela J Deshpande Former Librarian & Head Jayakar Library, S P PU Licensing of Electronic Resources in the Jayakar Library, Savitribai Phule Pune University.
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Points covered in Presentation Introduction Definition Need for License agreement Types of License Agreement Negotiable Agreement Non Negotiable Agreement Types of Non negotiable agreement Open Source Agreement Electronic Resources at Jayakar Library, SPPU Budget allocated of print and electronic resources from Periodical List of online databases subscribed in last four years in library Key licensing Issues Licensing contents of various publishers E Books Licensing Points to be noted in E Books licensing Conclusion
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Introduction Information and communication technology has revolutionized the changes in all fields of life. Electronic publishing brought new formats. Libraries are having hybrid collection. Management of these electronic collection pose various challenges. Licensing is one of the major part.
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Definition According to Black’s Law Dictionary, License agreement is a legal contract “ a promise or set of promises constituting and agreement between the parties that gives each a legal duty to the other and also the right to seek a remedy for the breach of those duties. Its essentials are competent parties, subject matter, a legal consideration, mutuality of obligations”
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Need for License Agreement Licensing comes into play when the use of electronic or digital content such as a database or electronic journal,electronic book or when someone wants to use such content owned by library. As a consumer of content there is a need of license agreement wherever one use the content of others. Here use also refers to the using of content that is protected by copyright and is not in the public domain. In the following situations one need to sign the license agreement * An online subscription to a journal or database. * Content compiled by an aggregator. * An encyclopedia or other collections of content. * Financial information, stock market sources and news feeds. * Computer software, CDS and DVDs. * Non digital content that you scan or digitize yourself. * Website content * Intranet content
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Types of License Agreement According to Tomas A Lipinski there are two types of agreements :- a) Negotiable Agreement b) Non negotiable Agreement.
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Negotiable Agreement One where the parties involved in the agreement discuss and agree upon what terms and conditions should be included in the agreement. When licensing the digital information for use in library, one must be able to negotiate with the content owner various terms and conditions in the agreement, such as the price of the materials who may use that materials.
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Non Negotiable Agreement One where the terms and conditions in the agreement are set forth by one party and must be accepted by the other party if it wants the goods or services supplied. Nonnegotiable licenses may apply to any type of content, including electronic reports, periodicals and databases. Although non negotiable licenses appear to be non negotiable there are many instances where one may be able to change certain terms and conditions in the license.
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Types of Non negotiable Agreements 1.Shrink Wrap License 2.Click Wrap License 3. Browse Wrap License 4. Browse Wrap Online
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Open Source Agreements Creative Commons Licenses: The license helps creators to retain copyright at the same time allow users to copy, distribute and use the product for non commercial purpose. At the same time it also gives the credit for their work
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Electronic Resources At Jayakar Library The Jayakar Library, Savitribai Phule Pune University is established in 1950. Library has acquired various kind of electronic resources in the format of e books, e journals, online databases and CDs collection. Since last five years library has spend a major portion of budget on subscribing these electronic resources. The university is having a good internet connectivity with wi fi facility and good intranet work, it is very easy for researchers to consult these electronic resources 24X 7.
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Table 1:Budget allocated for print and electronic resources from periodicals budget Budget allocated 2011-20122012-20132013-20142014-2015 Total Budget Allocated for Periodicals 225000002500000002750000030000000 For Print Resources 11500000 1250000013000000 For Electronic Resources 11000000135000001500000017000000 Total % Print:electronic 51.12:48.8846:5445.46:54.5443.44:56.66
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Table 2: List of online databases subscribed in the last four years in the Jayakar Library, S P Pune University 2011-20122012-20132013-20142014-2015 EBSCO’s Academic Search Premere (Aggregator) EBSCO’s Communication and mass media complete (Aggregator) EBSCO’s Business source complete (Aggregator) Proquest ABI/INFORM complete (Aggregator) EBSCO’s Business source complete(Aggregator) Manupata (Publisher)Manupatra (Publisher) Corporate law adviser (Publisher) Corporate Law Adviser online Corporate Law Adviser Online (Publisher) IEEE Xplore digital library (Publisher) Lexis Nexis (Publisher) Prouqest LISA full text (Aggregator) Crisil Research (Publisher)Reaxys (Publisher) India Business Insight (Publisher) Geoscience World (Publisher) Geoscience World(Publisher) PQDT (Aggregator) Biological abstracts (Publisher) Biological Abstracts (Publisher) Proquest Health and biological collection (Aggregator) J Gate (Publisher) J GATE plus (Publisher) PsychArticle (Aggregator) Proquest House of commons Parliamentary papers (Aggregator) Springer journals Archive : (Publisher)Mathematics and Statistics Indian citation Index (Publisher) Sage Research Methods online (Publisher) FEDGATE (Publisher) ACM digital Library (Publisher) EBSCO’s LISTA (Aggregator) KNIMBUS (Publisher) Sage Research Methods online (Publisher)
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Key Digital Licensing Clauses Preamble Names of parties Definitions Content Covered Rights Granted Inter Library Loan Fair Use Authorized Users Usage Restrictions Licensee fee Licensor Obligations Moral Rights Territory Duration and Termination Renewal Archival Access
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Table 3 : Contents of licensing agreement covered by various publishers NameElsevi er Sprin ger SageThiem e EBSC O Proqu est Lexis Nexis IEEEThom son Preamble YYYYYYYYY Name of parties YYYYYYYYY Definitions YYYYYYYYY Content covered YYYYYYYYY Rights granted YYYYYYYYY ILL YYYNNYNNN Fair use YYYYYYYYY Authorised users YYYYYYYYY Usage restrictions YYYYYYYYY Licensee Fee YYYYYYYYY Licensor oblig. YYYYYYYYY Moral rights YYYYYYYYY Territory YYYYYYYYy Duration YYYYYYYYy Renewal YYNNYYYNN Archival acces NYNNNYNYN
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E Books Licensing Table 4 : Budget allocated for Print and e books purchased during last 3 years Year Budget Allocated for Print Books Budget allocated for E- Books Publishers of E Books 2012-2013125000004500000 Springer, Taylor& Francis, Viva Books, Informatics 2013-2014150000005400000 Resonance, Springer, Wiley, Cambridge, Balani 2014-2015150000005400000 Royal Society of Chemistry, Proquest, Cambridge
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Points to be noted in E Books Licensing According to Becky, Albitz and David Brennan * Platform decisions and the implications for use; * Differences in use of e-books and print books of the same title in providing standard library services such as interlibrary loan, course reserves, and course pack creation. * Using e books in different formats (e.g. online, downloadable, on an e-reader etc.).
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Conclusion Read cautiously all the terms mentioned in the agreement of Publisher/Aggregator. While negotiating clarify all the issues. It is very challenging task to modify the agreement, and include all the terms in favor of institution and on which publishers become agree. Librarians must be well aware about authorized users, perpetual access, inter library loan clauses. It’s librarian`s right to negotiate with them and see that how beneficial for them. At higher level i.e. UGC is negotiating for UGC INFONET consortia; UGC should prepare a model license for academic institutions.
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Thank You
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