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ISSN 1039-3498 | no. 47| October 2000


National access to online information resources

Over the past five years, the trend towards making information available online has accelerated. This is particularly the case with serial publications, although digitised books are also beginning to make an impact. In endeavouring to acquire access to the information that their patrons require, libraries must operate in an increasingly complex environment. They must weigh the merits of print versus electronic versions of publications, take into account the implications of moving from owning print publications to leasing access to electronic information, and negotiate the minefield of licence agreements. And, needless to say, the costs continue to rise faster than budget allocations do!

The news is not all bleak. Libraries are also aware of some major advantages in this new information environment and they want to maximise them. While costs are often higher, the value of what can be obtained is sometimes much greater. For instance, sometimes for marginally higher cost, access to a wider range of titles can be achieved. In some cases, greater flexibility of access can also be provided, enabling patrons to access services remotely from an Internet connection at home.

Libraries around the world are seeing the benefits of working cooperatively in this arena and there is a strong trend towards forming consortia for access to electronic resources. By joining forces, libraries have been able to negotiate with vendors on matters such as lower prices and more favourable licence conditions. For example, vendors initially have been reluctant to permit document supply or continued access to information once a subscription ceases. Some publishers are now permitting these uses.

In late 1999, the Council of Australian State Libraries (CASL) formed the Consortia and Licensing Working Group to investigate the feasibility of establishing a consortium of State and National libraries and to explore opportunities to make electronic products more widely available to Australians, simplify licensing arrangements and improve cost benefits. The working group comprises one representative from each of the State, Territory and National libraries, with a full-time convenor based at the National Library.

Through a series of teleconferences, the working group has addressed a number of major issues relating to the establishment of a consortium. These include who would participate in it and how it would be governed, what products would be offered through the consortium, how they would be paid for, how access would be provided, and what licence terms and conditions member libraries would be willing to agree to.

The vision of the working group is that, ultimately, all Australians will have access to a core set of electronic information resources through their public, State, Territory and National libraries, including remote access from Internet connections in their homes. This is an ambitious undertaking and may take some time to achieve. There are organisational, technical and funding complexities that need to be addressed. It is recognised, too, that some State, Territory and public libraries have existing arrangements that already provide satisfactory access to electronic resources and these libraries are unlikely to be motivated to join the consortium unless it can demonstrate significant savings and other benefits to members.

One of the major challenges in acquiring access to electronic resources is negotiating more favourable licence agreements with vendors. To prepare for this, Margaret Phillips, the convenor of the working group attended the Association of Research Libraries workshop, ‘Licence review and negotiation: building a team-based institutional process’ in Seattle, USA, in August.

This was an excellent workshop given by three very entertaining speakers. (Who would have thought that there could be merriment in a session on the legalities of the wording of licence agreements?) The sessions were presented by Karen Hersey, Intellectual Property Counsel, Massachusetts Institute of Technology; Trisha Davis, Head, Serials and Electronic Products Department, Ohio State University Libraries; and Angee Baker, Director of Electronic Information Services, SOLINET. Those present therefore had the benefit of the combined experience of a lawyer, a university library and a large consortium. The session on licence language to avoid, sample language to use, and how to move from bad terms to favourable terms was particularly useful.

There was an interesting discussion about the enforceability of contracts. Some vendors, either knowingly or unknowingly, present contracts with terms that are unenforceable. Assuming the library recognises that there are unenforceable terms, it can take one of two courses of action: sign the contract as it is, knowing that it could not be enforced; or attempt to renegotiate the offending terms. The presenter did not recommend one course of action in preference to the other. Some libraries are tempted to sign ‘as is’ to avoid protracted negotiations but there is the small risk of being involved in a court case. The important thing is to know enough to be able to make an informed decision on behalf of the library.

Seattle skyline

Electronic resources have changed the basis on which libraries meet with vendors’ representatives. In meetings over print materials, all the focus has been on the needs and characteristics of the library. To negotiate advantageous licence agreements, however, libraries need to know as much about the vendor as the vendor knows about them. Libraries need to be careful about innocently giving too much away. While we want to enter into agreements that create a cooperative partnership with vendors, we need to be canny about it too. Electronic resources have changed the environment in which libraries operate forever!

For further information contact Margaret Phillips, Project Officer, Electronic Consortia and Licensing (mphillips@nla. gov. au).

The Seattle skyline formed the backdrop for the Association of Research Libraries workshop

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