Confidentiality of license agreements (RE: ILL & Licensing questions)

["Rick Anderson" <rickand@unr.edu>]

> >I have also found it unbelievably difficult to persuade publishers not to
> >treat everything in every contract as confidential, even when we all know
> >that they are standard terms.
> >(I am cynical enoguh to suspect that's because they think they can delude
> >each of us that we are getting a unique bargain.)

Here at U Nevada - Reno, we've been able to keep out of confidentiality
agreements by using a two-pronged strategy:

1.  Explaining to vendors that any document we create in the course of our
work here on campus is a public document by definition, and thus not
subject to confidentiality agreements or NDAs.  Even if we were to agree
to such an agreement, state law would make it unenforceable.

2.  Explaining that even if state law changed tomorrow, we'd still be
unwilling to agree to keep our contract terms confidential.  We assert the
right to share pricing information and other terms of sale with our
colleagues as we see fit.  We held the line on this with netLibrary, and
although they grumbled they ended up agreeing.

Obviously, the first line of argument doesn't work very well if you're a
private institution.  But I'm guessing that there are relatively few
publishers who will be willing to walk away from the sale over contract
confidentiality.

-------------
Rick Anderson
Electronic Resources/Serials Coordinator
The University Libraries
University of Nevada, Reno
1664 No. Virginia St.
Reno, NV  89557
PH  (775) 784-6500 x273
FX  (775) 784-1328
rickand@unr.edu