Differences
This shows you the differences between two versions of the page.
| Both sides previous revision Previous revision Next revision | Previous revision Last revision Both sides next revision | ||
|
licensing [2012/10/18 17:53] 127.0.0.1 external edit |
licensing [2019/01/07 17:20] 127.0.0.1 external edit |
||
|---|---|---|---|
| Line 7: | Line 7: | ||
| - If new resource requires a license and we don't have one on file with the publisher, request one for review //**prior**// to confirming order. (It's most convenient to get an electronic copy of the license which you can edit.) If we do have a pre-existing license with the publisher, an amendment may be required. | - If new resource requires a license and we don't have one on file with the publisher, request one for review //**prior**// to confirming order. (It's most convenient to get an electronic copy of the license which you can edit.) If we do have a pre-existing license with the publisher, an amendment may be required. | ||
| - Check to see if publisher is a [[http://www.niso.org/workrooms/seru/registry/|registered participant]] in SERU - the [[http://www.niso.org/workrooms/seru/|Shared Electronic Resource Understanding]]. If publisher is registered with SERU, follow SERU procedures - see below. | - Check to see if publisher is a [[http://www.niso.org/workrooms/seru/registry/|registered participant]] in SERU - the [[http://www.niso.org/workrooms/seru/|Shared Electronic Resource Understanding]]. If publisher is registered with SERU, follow SERU procedures - see below. | ||
| - | - An electronic resources librarian must review the publisher's/vendor's terms and conditions, looking for their adherence to [[http://www.library.yale.edu/NERLpublic/licensingprinciples.html|NERL's Licensing Principles]], as well as required provisions of UMass licenses - see below. | + | - An electronic resources librarian must review the publisher's/vendor's terms and conditions, looking for their adherence to [[http://nerl.org/nerl-documents/nerl-negotiating-principles-adopted-june-2011|NERL's Licensing Principles]], as well as required provisions of UMass licenses - see below. |
| - If any terms in the license are problematic (there's usually something), the librarian requests modifications from the publisher, making suggested changes either in the license document itself or in email. Negotiations ensue until the librarian is satisfied with the terms. | - If any terms in the license are problematic (there's usually something), the librarian requests modifications from the publisher, making suggested changes either in the license document itself or in email. Negotiations ensue until the librarian is satisfied with the terms. | ||
| - | - The license must then be reviewed by university counsel. The librarian will send a copy of the license to Brian Burke ([[bwburke@admin.umass.edu]]) with basic information about the product and a terms modified as a result of previous negotiations. Adding a "response requested by" date may help move the process along. | + | - The license must then be reviewed by university counsel. The librarian will submit a form with a copy of the license to the University Counsel legal team ([[https://www.umassp.edu/general-counsel/legal-advice-request-form]]) with basic information about the product and a terms modified as a result of previous negotiations. Adding a "response requested by" date may help move the process along. |
| - University counsel will either respond with recommendations for further changes, note where a business decision may be made, or deem the license legally acceptable. The librarian will then request further changes with the publisher, or forward it to the Associate Director for Collections Services to make a decision about the acceptability of the business risk. | - University counsel will either respond with recommendations for further changes, note where a business decision may be made, or deem the license legally acceptable. The librarian will then request further changes with the publisher, or forward it to the Associate Director for Collections Services to make a decision about the acceptability of the business risk. | ||
| - | - If and when the license is deemed legally acceptable or of an acceptable business risk, the librarian should request two clean, original, signed copies from the publisher. (Preference is for original signed copies from publisher over faxed/scanned copies.) Send these to the university counsel's office who will forward it to the University's signatory authority for signature on two copies. | + | - If and when the license is deemed legally acceptable or of an acceptable business risk, the librarian should request a clean copy from the publisher. Send this copy, with the message of approval from the university counsel, to Lynn Picard ([[lapicard@provost.umass.edu]]) in Associate Provost Deborah Gould's office with a request that he sign two copies and return them to the library. |
| - The librarian returns one fully executed copy to the publisher. Upon receipt of the full-executed license - signed by both parties - the librarian files it under the publisher in our paper files. | - The librarian returns one fully executed copy to the publisher. Upon receipt of the full-executed license - signed by both parties - the librarian files it under the publisher in our paper files. | ||
| - This completes the licensing process. Invoicing and activation of the product may occur when the license is signed by the publisher. | - This completes the licensing process. Invoicing and activation of the product may occur when the license is signed by the publisher. | ||
| Line 29: | Line 29: | ||
| Desirable terms for all licenses are outlined in: | Desirable terms for all licenses are outlined in: | ||
| * [[http://www.cdlib.org/gateways/vendors/checklist.html|California Digital Library License Agreement Checklist]] | * [[http://www.cdlib.org/gateways/vendors/checklist.html|California Digital Library License Agreement Checklist]] | ||
| - | * [[http://www.library.yale.edu/NERLpublic/licensingprinciples.html|NERL Licensing Principles]]. | + | * [[http://www.cdlib.org/cdlinfo/2017/01/25/cdl-model-license-revised/|California Digital Library Model License]] |
| + | * [[http://nerl.org/nerl-documents/nerl-negotiating-principles-adopted-june-2011|NERL Licensing Principles]] | ||
| + | * [[http://liblicense.crl.edu/wp-content/uploads/2014/11/modellicense2014new1.pdf|LibLicense Model License]]. | ||
| ===== SERU ===== | ===== SERU ===== | ||
