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RE: Simplifying licenses

Thanks very much for this clarification, Marilyn.  How does the pricing
work for this service?

Rick Anderson
Head Acquisitions Librarian
Jackson Library
UNC Greensboro
(336) 334-5281


On Fri, 26 May 2000 19:27:02 EDT Marilyn Geller 
<geller@faxon.com> wrote:

> We would like to take this opportunity to respond to Rick 
> Anderson's recent questions concerning our licensing 
> service.
> Rick expressed "surprise that your UC doesn't see a 
> material difference between contracting with Faxon to 
> acquire materials and contracting with Faxon to define the 
> terms of IUPUI's contracts with third parties."
> By the terms of our service agreement with IUPUI, we do not 
> "define" the terms of IUPUI's contracts with third parties. 
> IUPUI has used the academic single site generic license to 
> define the terms under which they will accept publisher 
> content.  Using our power of attorney, we at Faxon 
> will negotiate with publishers and sign on IUPUI's behalf. 
> In cases where the publisher will not accept these terms 
> precisely as stated, IUPUI has given us a list of clauses 
> that must be in the contract, a list of clauses that are 
> highly desirable, and a list of clauses that are desirable. 
> With these lists of clauses and levels of priority, we 
> enter into these negotiations knowing exactly where changes 
> to the IUPUI license may or may not be discussed.  If the 
> publisher's requirements and IUPUI's requirements conflict, 
> we will not sign the license. To do so would violate 
> our agreement with IUPUI. But if the publisher's 
> requirements and IUPUI's vary only by one or more clauses 
> that are "desirable" (just for example) we will sign the 
> license and expedite the implementation process, eliminating
> much backing and forthing, (and, not incidentally, delay in 
> opening up access to users, which, at least in theory, is 
> what we are all supposed to be about).
> If the publisher requirements and IUPUI requirements are in 
> irreconcilable conflict, we will report back to our client 
> that we cannot come to terms with that particular publisher.
> The objective of the service is not for us to create the 
> business terms between IUPUI and its content providers. The 
> objective is to negotiate IUPUI's business terms as given 
> to us, thereby reducing the labor and time intensity of the 
> licensing process for our client. What makes this 
> service scalable is the acceptance of and use of the 
> generic license that eliminates the need to hunt through 
> variant legalese and allows us to focus on key issues.  The 
> end result is that licensing ejournals becomes no more 
> difficult than buying print journals.
> We are negotiating with other clients to participate in 
> this service and will announce agreements as they are 
> completed.
> Marilyn Geller, MSLS
> Strategic Program Manager
> Faxon RoweCom Academic Services
> 15 Southwest Park
> Westwood, MA 02090