RE: Peggy Hoon on licenses

["Emery, Jill" <j.emery@austin.utexas.edu>]

Hi Peggy,

Part of the reason why I get into line by line negotiation is
because we are not fixing the same problems over and over again.
We're discovering new problems with each agreement that requires
different steps of negotiation & resolution. For one provider,
these issues may be the business terms do not agree with local
practice and in other agreements; it is usage rights that
disagree with our local accepted policies.

Herein lies the rub, each institution, have their own business
practices and usage definitions that are self-defined. What may
be acceptable to Rice University as a private institution in
Texas will not be acceptable to the University of Texas because
we're bound to follow certain state laws and statutes that Rice
does not. This is within a single state, you then have to look at
extrapolating this condition out to fifty states that all do
things separately (not to mention Canada and Europe).

If it were truly the problem that we were negotiating the same
things over and over again, we'd still need to work from a local
template. While I think most academic institutions can come to
common language on standard usage rights definitions, the
business practices will still be variable from institution to
institution. It seems next to impossible to expect a
standardization of this part of any agreement beyond SERU.

Cordially,

Jill Emery
Head of Acquisitions
The University of Texas at Austin
UT Libraries
Acquisitions
Austin, TX 78713
e: j.emery@austin.utexas.edu

-----Original Message-----
From: owner-liblicense-l@lists.yale.edu
[mailto:owner-liblicense-l@lists.yale.edu] On Behalf Of Hoon, Peggy
Sent: Tuesday, February 22, 2011 4:40 PM
To: liblicense-l@lists.yale.edu
Subject: RE: Peggy Hoon on licenses

Jill and Peter and everyone else,

Yes, I would agree that SERU was developed exactly to address
this recurring situation.  If you read the origins of it and the
meetings that went before, it appears that all stakeholders are
not happy with the line-by-line negotiation.  I'm quite sure that
all had good intentions but is it reflective of what is still
currently going on in licensed resource acquisition?  In other
words, aren't we still spending an inordinate amount of time
rehabilitating license language.  Even those of you who say that
you have had various successes getting acceptance of SERU or
getting certain terms removed, still make my point.  You had to
spend time - you had a good result - but you still expended time,
which is a valuable commodity.  I don't know what it is going to
take, but even some of those registered at SERU are offering some
of the worst terms I've seen.

It's a shame.  Academia is on life-support, resources are being
cancelled, people are being furloughed or losing their jobs and
we're throwing away tax dollars fixing the same problems over and
over.

Best, Peggy Hoon
Copyright Education Specialist
University of North Carolina at Charlotte
Intellectual Property Scholar Center for Intellectual Property, UMUC


-----Original Message-----
From: owner-liblicense-l@lists.yale.edu on behalf of Emery, Jill
Sent: Mon 2/21/2011 10:08 PM
To: liblicense-l@lists.yale.edu
Subject: RE: Peggy Hoon on licenses

Dear Peter,

Is SERU (Shared E-Resource Understanding):

http://www.niso.org/workrooms/seru not a good alternative to "a
standard reality-based library license."?

I'm had some relative success with getting smaller publishers and
academic societies to accept SERU in place of a license
agreement.

All the best,

Jill Emery
Head of Acquisitions
The University of Texas at Austin
UT Libraries
Austin, TX 78713
e: j.emery@austin.utexas.edu

-----Original Message-----
From: owner-liblicense-l@lists.yale.edu
[mailto:owner-liblicense-l@lists.yale.edu] On Behalf Of Peter B. Hirtle
Sent: Sunday, February 20, 2011 7:25 PM
To: liblicense-l@lists.yale.edu
Subject: Peggy Hoon on licenses

Peggy Hoon has an important post on the current state of library
licensing at

http://www-apps.umuc.edu/blog/collectanea/2011/02/running-in-circles-copyright-l.html

Entitled "Running In Circles: Copyright, Licensing, and the
Educational Environment," Hoon notes that in spite of decades of
work, "libraries are still slogging through, license by license,
the same terms, over and over, that are either legally prohibited
or reflect an unrealistic view of a university library
environment."  She concludes that "there simply has to be a
better way," and argues that we need to try again to create "a
standard reality-based library license."

Peter B. Hirtle
Senior Policy Advisor
Digital Scholarship Services
Cornell University Library
Ithaca, NY  14853
peter.hirtle@cornell.edu
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