Consortial License Agreements

["Bazin, Paul" <PBAZIN@providence.edu>]

Members of the HELIN Consortium Licensing Task Force are 
researching permitted uses of copyrighted electronic books as 
stated in consortial license agreements and will be contacting 
various library consortia.  Our committee would like to create a 
standard license agreement, which our consortium could use with 
its e-book vendors and publishers.  The HELIN Consortium 
http://library.uri.edu/screens/libinfo.html is based in Rhode 
Island and is composed of eleven academic libraries and twelve 
hospital libraries.

1.  Do you currently have a consortial licensing agreement, which 
contains terminology and clauses that specifically cover 
electronic books?  And, do member schools within your 
consortium have any of the following rights written into your 
contract?

*Downloading & Printing: Download, print, and reproduce a 
reasonable number of copies of a portion of the licensed e-book 
content.

*Interlibrary loan requests outside of your consortium:  Fulfill 
ILL requests through electronic delivery systems such as Ariel, 
or by mailing or faxing a print copy of a portion of the licensed 
e-book to a requesting library.

*Interlibrary loan requests by member institutions within your 
consortium: Fulfill requests by emailing a link to the complete 
licensed e-book instead of only a portion of the licensed 
content.

*Remote Access: Provide remote access to authorized users 
including remote access through a third-party proxy server

*Electronic Reserves and Course Packs: Link to e-books for use by 
students in a class for the purpose of instruction.

*Distance Education/Online Courses: Link to e-books for use by 
students in a class for the purpose of instruction.

*Perpetual Access: Purchased content will be made available to 
you in another format (i.e., CD) if you terminate the contract, 
or the content provider is no longer able to provide you with 
electronic access.

*Archival Back-up Copies: Permission to make back-up copies if 
you terminate the contract, or the content provider is no longer 
able to provide you with electronic access.

*Logos and Trademarks: Permission to use an e-book provider's 
logo and trademark on your authorized web pages and in-house 
library publications such as electronic pathfinders, i.e., 
LibGuides.

*Thumbnail photos of book covers: Permission to use an e-book 
provider's thumbnail photos of book covers in your OPAC or on 
other authorized web pages and in-house library publications.

*Embed Widgets: For example, permission to add instant messaging 
such as Meebo (ask-a-librarian e-reference) on your e-book's 
interface page.

*Usage Statistics: The licensor/vendor agrees to provide the 
licensee (consortium members) with usage reports on a periodic 
basis. [Ideally, the usage reports will conform to COUNTER and/or 
SUSHI standards.]

2.  Further, were you able to persuade your content 
provider/vendor to remove the indemnity and Force Majeure 
clauses from your contract?

3.  If your consortial license agreements with e-book vendors 
address any of the points listed above, would you be willing 
to send us blank copies (without pricing or other confidential 
data) so that we may have examples of wording which is 
favorable to your consortium?

Thank you for your time, and we look forward to hearing from you 
at your earliest convenience!

Dr. Paul Bazin
Serials Librarian
Phillips Memorial Library
Providence College
Providence,RI 02918-0001
pbazin@providence.edu