Statement of Principles Guiding Licence Negotiation
Note: This is a working document and will be revised by the Library as necessary.
Version 2 - 12 August 2004
1. Users |
1.1 As a minimum, the Library
requires:
The Library also seeks
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1.2 The site where the Product can be used should be clearly defined. The Licence should include provision for access for staff/users working at geographically remote sites of the Library. |
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2. Use |
2.1 Any Licence entered into by the Library must recognise and should not restrict or abrogate the rights of the Library or its User community permitted under Australian copyright law. |
2.2 In particular, Licences must permit use at a minimum as allowed under Australian copyright law, including downloading and printing for permitted purposes and unlimited viewing. |
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2.3 Permitted use must include as a minimum permission to use the Products for the purpose of education, research or private study. |
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Document supply |
2.4 Licences should permit the transmission of copies of parts of electronic publications for the purpose of non-commercial document supply between the Library and another requesting library. A part may be an article contained in a periodical publication or a reasonable portion of a work. Permitted methods for transmission should include electronic transmission, for example, Ariel. |
3. Authentication |
3.1 Vendors must be flexible as to the mechanisms of authentication or validation of Users to suit the needs of the Library. IP address authentication is the preferred method until superseded by a better option. Library wide applications are preferred. |
4. Delivery and access |
4.1 The Licence must state clearly what access rights are being acquired by the Library.
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4.2 The Licence must specify the media, format and delivery of the Product. |
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4.3 The Licence must specify contingency arrangements to cover delays in providing initial access (eg. extension to the subscription period). |
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Perpetual access |
4.4 As stated above, the Library seeks perpetual access to electronic information to which it subscribes. The licence should provide specific detail on:
Perpetual access must be transferable should the Library wish to change Vendors. |
5. Archiving/ preservation |
5.1 The Library seeks perpetual access to electronic information to which it has subscribed. A Licence should specify who has permanent archival responsibility for the Product and under what conditions the Library may access or refer Users to the archival copy. Alternatively, the licence agreement should allow the Library to copy data for the purposes of preservation. |
6. Ongoing support/training |
6.1 Licences should specify the Product training packages and customer/technical support services that will be provided. The Licence should permit additional users for the purposes of running training sessions for users/staff. |
7. Service levels & technical requirements |
7.1 The Licence must specify the product performance and service levels the Library can expect from the Vendor and the Product, including technical interface and operation requirements. (Note: performance and service levels are likely to be Product specific.) The Licence should include specific performance warranties at least as to reliable on-line availability and currency of data and/or text and should specify penalties for failure. |
7.2 Resources must be available on a 24-hour basis with appropriate help or service support except for short scheduled downtimes announced with adequate notice to the Library. The Vendor must restore access to the Product as soon as possible in the event of an interruption or suspension of the service. |
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7.3 The Licence should include provision for the Vendor to take all reasonable endeavours to ensure that the Server has adequate capacity and bandwidths to support the usage of the Library at a level commensurate with the standards of availability for information services of similar scope operating via the World Wide Web as such standards evolve from time to time over the term of this Licence. |
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7.4 The Licence must include a guarantee that the service will be supported on standard webtop browsers. Web-based services must meet the W3C Web Accessibility Initiative guidelines. |
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8. Monitoring/use statistics |
8.1 Licences must guarantee the Library the right and opportunity to measure use and to gather the relevant management information needed for collection development purposes. |
8.2 A Vendor must be willing to generate for the Library or provide the means for the Library to easily obtain on a timely and regular basis (monthly/quarterly/annually) statistical data including:
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8.3 The routine collection of data by either party to a Licence should be predicated upon disclosure of such collection activities to the other party and must respect and comply with laws and institutional policies regarding confidentiality and privacy. (See also clause 9) |
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9. Liabilities |
9.1 Licences must not place liability on the Library for the misuse of content of the Product by the User. However, the Library will make reasonable efforts to prevent misuse or abuse by Users and will cooperate with Vendors to stop it should it occur. |
9.2 The Licence should require the Vendor to give the Library notice of any suspected or alleged licence violations that come to their attention and allow a reasonable time for the Library to investigate and take corrective action, if appropriate. |
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10. Privacy |
10.1 Licences must ensure that privacy of individuals using the Product is protected. The Vendor must not collect or record information about individuals using the Product, share any information about individuals with a third party, or use such information for marketing purposes. |
11. Administrative arrangements |
11.1 All terms and conditions must be negotiated and clearly stated in the Licence, including:
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11.2 A Licence must not require the Library to adhere to unspecified terms in a separate agreement between the Vendor and a third party (eg. publisher) unless the terms are fully reiterated in the Licence between the Vendor and Library and are acceptable to the Library. |
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11.3 The Licence must provide that any changes to the Licence are subject to prior agreement by both parties. |
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11.4A Licence must provide termination rights that are appropriate to each party. |
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11.5 The Vendor must notify the Library in advance of the following circumstances:
The Licence should include a provision for the Library to terminate the agreement with a pro-rated refund if any of the above changes render the Product less useful in a material respect to the Library. |
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11.6 The Licence must include provision for the Library to terminate the agreement if the Vendor becomes insolvent or subject to receivership, liquidation or similar external administration |
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11.7 The Licence must require the Vendor to defend, indemnify, and hold the Library harmless from any action based on a claim that use of the Product in accordance with the Licence infringes any patent, copyright trade-mark, or trade secret of any third party. The Licence must include a procedure for dealing with infringements. |
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11.8 The Licence must include a warranty that the Vendor has the right to grant the Licence and that the Library's use of the resources contained in the Product will not infringe the Intellectual Property rights of any person. |
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11.9 The Licence must specify how and when updates to the Product will be provided and any fees associated with updates. |
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11.10 The Licence should include provision for compulsory transfer (novation or assignment) by the Vendor to any entity that takes over the business of the Vendorwith prior written consent of the Library. |
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11.11 The governing law under which the Licence is made should be the law of the Australian Capital Territory or another Australian State or Territory. |
In formulating these guidelines, the Library has drawn upon the following documents:
American Association of Law Libraries, et. al. Principles for licensing electronic resources
CASL Consortium. Statement of principles guiding licence negotiation
International Federation of Library Associations and Institutions. Licensing principles
NERL Consortium. NERL licensing guidelines & NERL generic license
Various licensing models available at: http://www.licensingmodels.com/public.htm
University of Western Australia. Library. Principles for licensing electronic resources
