Category: License Agreements

Norway Update: "Elsevier’s response to The Directorate for ICT and Shared Services in Higher Education and Research (UNIT)’s Decision to Not Renew Their Agreement with Elsevier"

Tom Reller has posted "Elsevier's response to The Directorate for ICT and Shared Services in Higher Education and Research (UNIT)'s Decision to Not Renew Their Agreement with Elsevier" to LIBLICENSE-L.

Here's an excerpt:

While Elsevier is working hard to accommodate the desire of some for an author-pays-to-publish (open access) world, the reality is that current author choices mean that 85 percent of journal articles globally are published under the reader-pays (subscription) model, where authors publish for free. It’s possible to come up with a negotiated agreement at reasonable costs, and Elsevier offered Norway multiple low-cost options for a rapid transition to gold open access publishing, but open access is a service that has to be funded in some form. Norway is essentially asking to receive two services for the price of one.

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More Coverage of the University of California’s Cancellation of Its Elsevier Subscriptions

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"Revisiting Controlled Digital Lending Post-ReDigi"

Michelle M. Wu has self-archived "Revisiting Controlled Digital Lending Post-ReDigi."

Here's an excerpt:

Now that the Second Circuit has ruled on the ReDigi appeal, some libraries and users may be curious to see how the decision factors into controlled digital lending (CDL) efforts. To understand the interest and the implications, we first need to establish the basic contours of copyright, fair use, CDL, and ReDigi.

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"Max Planck Society Discontinues Agreement with Elsevier; Stands Firm with Projekt DEAL Negotiations"

The Max Planck Digital Library has released Max Planck Society Discontinues Agreement with Elsevier; Stands Firm with Projekt DEAL Negotiations.

Here's an excerpt:

The President and scientific council members of the Max Planck Society (MPS), one of the world's largest research performing organizations, counting 14,000 scientists who publish 12K new research articles a year—around 1500 of which in Elsevier journals, have mandated the Max Planck Digital Library to discontinue their Elsevier subscription when the current agreement expires on December 31, 2018. With this move the Society joins nearly 200 universities and research institutions in Germany who have already cancelled their individual agreements with Elsevier in the course of 2016 and 2017 and affirmed their support of the national licensing framework Projekt DEAL, led by the German Rector’s Conference.

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"Requirements for Transformative Open Access Agreements: Accelerating the Transition to Immediate and Worldwide Open Access"

Jisc has released "Requirements for Transformative Open Access Agreements: Accelerating the Transition to Immediate and Worldwide Open Access."

Here's an excerpt:

These requirements are for 2019 and are for hybrid journal agreements. The requirements may be updated to support changes in research funder policies. Jisc Collections will evaluate agreements against these requirements and make the results of the evaluation publicly available online. This evaluation will also make clear if an agreement is compliant with a research funders' policies and their implementation of Plan S.

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Creative Markets and Copyright in the Fourth Industrial Era: Reconfiguring the Public Benefit for a Digital Trade Economy

The International Centre for Trade and Sustainable Developmen thas released Creative Markets and Copyright in the Fourth Industrial Era: Reconfiguring the Public Benefit for a Digital Trade Economy.

Here's an excerpt:

A rapid succession of technological advances—big data, robotics, machine learning, and artificial intelligence—is steadily changing how firms engage in productive activity, how consumers interact, and how knowledge goods are acquired, shared, and governed. The rise of big data and the increasingly widespread adoption of artificial intelligence across many industries have complicated our understanding of the values of twentieth-century intellectual property rules. . . . This paper explores the fundamental questions facing the copyright system in the new industrial and digital era. It considers a broad range of issues including the evolving concept of authorship, originality, exhaustion issues, and the fair use or fair dealing doctrine in the new global context. It concludes with recommendations on how to redesign global copyright for innovation, competition, and inclusion.

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"The UK Scholarly Communication Licence: Attempting to Cut through the Gordian Knot of the Complexities of Funder Mandates, Publisher Embargoes and Researcher Caution in Achieving Open Access"

Julie Baldwin and Stephen Pinfield have published "The UK Scholarly Communication Licence: Attempting to Cut through the Gordian Knot of the Complexities of Funder Mandates, Publisher Embargoes and Researcher Caution in Achieving Open Access" in Publications.

Here's an excerpt:

Whilst take-up of open access (OA) in the UK is growing rapidly due partly to a number of funder mandates, managing the complexities of balancing compliance with these mandates against restrictive publisher policies and ingrained academic priorities, has resulted in UK higher education institutions (HEIs) often struggling with confused researchers, complex workflows, and rising costs. In order to try to address this situation, the UK Scholarly Communication Licence (UK-SCL) was formulated to bypass the root causes of many of these challenges by implementing a licensing mechanism for multiple-mandate compliance in one single policy. This is the first empirical study to focus on the genesis of the UK-SCL and how its implementation has been conceived thus far. A qualitative research method was used, taking the form of 14 semi-structured interviews with key stakeholders from the initiative across the UK. The results indicate that those working within UK HEIs are concerned with the complexity of the current OA policy landscape and are frustrated with the inertia within the current system, which has resulted in higher costs, further publisher restrictions, and has not addressed the underlying tensions in academic culture. The UK-SCL is seen by its initiators as a way to achieve further transition towards OA and take back some element of control of the content produced at their institutions. The study concludes by modelling the ways in which the UK-SCL is intended to impact relationships between key stakeholders, and discussing possible implementation futures.

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"National Licence Negotiations Advancing the Open Access Transition—A View from the UK"

Liam Earney has published "National Licence Negotiations Advancing the Open Access Transition—A View from the UK" in Insights.

Here's an excerpt:

Jisc Collections has had agreements with open access (OA) publishers since the mid-2000s. In 2014, following the UK government’s response to the Finch Report, it started to target hybrid OA via 'offsetting agreements' that covered both subscriptions and article processing charges for OA.

This article will provide a status update on OA negotiations in the UK in the context of the UK's progress towards OA. It will look at some of the concerns about the progress of OA in the UK, how negotiations have evolved in response, and will look at prospects for their future direction.

See also: "National Licence Negotiations Advancing the Open Access Transition—A View from Sweden."

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"No, Fair! Evolving Perspectives on Excessive Use in Research"

Angela Rathmel has published "No, Fair! Evolving Perspectives on Excessive Use in Research" in ACRLog.

Here's an excerpt:

Publishers take an even heavier hand when responding to excessive use breaches. Blocking the user's IP access, or sometimes an entire campus IP range, presumes malicious intent (which it almost never is). This response also exaggerates the stakes involved and misunderstands what is necessary to perform digital research. Strict reinterpretation of print use restrictions in the online environment denies advances in research technology, from basic citation management software to APIs used for text and data mining. It also ignores the very structure of the linked-data world we live in.

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Red Light, Green Light: Aligning the Library to Support Licensing

Ithaka S+R has released Red Light, Green Light: Aligning the Library to Support Licensing.

Here's an excerpt:

There is widespread frustration within the academic library community with the seemingly uncontrollable price increases of e-resources, especially of licensed bundles of scholarly journals. The scholarly communications movement has vastly expanded academic and indeed public access to scholarly content. Yet prices for certain scholarly resources continue to outpace budget increases, and librarians do not feel in control of budgets and pricing. What if libraries found ways to bring together the whole library behind the objective of stabilizing or reducing what they pay?

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"CDL Model License Revised"

The California Digital Library has released "CDL Model License Revised."

Here's an excerpt:

CDL is pleased to announce the major upgrade of its Standard License Agreement (“Model License”). The new version reflects current best practices in licensing and incorporates feedback from UC librarians, licensing staff, attorneys, peers, and CDL colleagues. We appreciate all of their contributions, and hope that the new Model License is helpful in negotiating effectively with licensors. . . .

The new Model License is available on the CDL Website. There are two versions: a UC staff version (password protected) and a public version.

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"Developing and Implementing a Technical Framework for Interoperable Rights Statements"

Mark Matienzo has published "Developing and Implementing a Technical Framework for Interoperable Rights Statements" in DPLA Updates.

Here's an excerpt:

Within the Technical Working Group of the International Rights Statements Working Group, we have been focusing our efforts on identifying a set of requirements and a technically sound and sustainable plan to implement the rights statements under development. Now that two of the Working Group's white papers have been released, we realized it was a good time to build on the introductory blog post by our Co-Chairs, Emily Gore and Paul Keller. Accordingly, we hope this post provides a good introduction to our technical white paper, Recommendations for the Technical Infrastructure for Standardized International Rights Statements, and more generally, how our thinking has changed throughout the activities of the working group.

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"Four Facets of Privacy and Intellectual Freedom in Licensing Contracts for Electronic Journals"

Alan Rubel and Mei Zhang have published "Four Facets of Privacy and Intellectual Freedom in Licensing Contracts for Electronic Journals" in College & Research Libraries.

Here's an excerpt:

This is a study of the treatment of library patron privacy in licenses for electronic journals in academic libraries. We begin by distinguishing four facets of privacy and intellectual freedom based on the LIS and philosophical literature. Next, we perform a content analysis of 42 license agreements for electronic journals, focusing on terms for enforcing authorized use and collection and sharing of user data. We compare our findings to model licenses, to recommendations proposed in a recent treatise on licenses, and to our account of the four facets of intellectual freedom. We find important conflicts with each.

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"The Case of the Disappearing E-book: Academic Libraries and Subscription Packages"

College & Research Libraries has released "The Case of the Disappearing E-Book: Academic Libraries and Subscription Packages" by Helen Georgas.

Here's an excerpt:

This study begins with a one-year analysis of "disappeared" titles from ebrary's Academic Complete™ collection at Brooklyn College of the City University of New York (CUNY). Were certain subject areas particularly affected? Which publishers were removed? Were the removed titles mainly scholarly, or were they titles published by popular presses? Were the removed monographs older publications, or were recent titles deleted as well?

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"Reflections on Library Licensing"

Ann Shumelda Okerson has published "Reflections on Library Licensing" in Information Standards Quarterly.

Here's an excerpt:

The way libraries acquire basic content for their readers has been completely upended in the last two decades. In this rapid electronic environment, content providers are pressed to enhance and update existing products or to produce competitive new products, with ever-increasing functionality and with great uncertainty about what users will pay for and how much they will pay. At the same time, numerous new producers are entering the electronic marketplace. We are living in an information Wild West, which can put libraries and publishers face to face on Main Street at high noon, often without the third-party subscription agents or book jobbers we used to depend on. This article discusses how we got to this place; whether one should prefer copyright or license; the differing view of rights by authors, publishers, libraries and their end users; different types of licenses; and current issues in licensing.

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New LIBLICENSE Model License Agreement

The Center for Research Libraries and others have released a new LIBLICENSE Model License Agreement.

Here's an excerpt from the announcement:

The model license outlines the main provisions a good library e-resources content license should contain, highlighting as well key points for decisions and negotiations with publishers. The document is expected to support libraries' efforts to serve their users and achieve the core mission of preserving intellectual heritage in the digital age by negotiating the best terms of use. The original LIBLICENSE model license, released in 2001, has supported long-term access and stewardship goals; the new revision will help librarians address a new generation of issues and challenges.

Digital Scholarship | "A Quarter-Century as an Open Access Publisher"