This report was for people negotiating licences for electronic products, such as databases, news feeds, e-books, reference materials, or electronic journals.
If you have a limited budget then it will have helped you make sure that the budget you have is well spent, and that the licences you negotiate reflect the needs of your organisation.
It pointed you to model licence agreements for electronic products and highlights contract clauses that you need to make sure are included in any agreement.
To see a sample (table of contents, sample page) view the Sample PDF (requires Adobe Acrobat).
Press: View the press release.
Testimonial
"I have only managed to skim read the report, but have found it quite informative especially as it tackles some of the issues we are currently addressing at present. I know my colleague, who I passed it to to read, has found it extremely useful in assisting to draw up a contract check list. It was definitely worth the money ... Buying was a really easy process - I only wish more vendors would work the same way."
"Very informative, just what we needed (and were looking for) at the moment, as we are renegotiating a lot of e-journal contracts. Very good value for money."
"I found both reports useful and good value for the money. It is a good
'translation' of complicated copyright law."
"Very useful document - informative, comprehensive and commonsensical. I
regard it as good value for money since part of my job is to negotiate
software licences."
Table of Contents
|
Page Disclaimer |
2 |
|
Biographical Note |
4 |
|
Introduction |
5 |
|
Tips when negotiating licence agreements: |
|
| 1. |
Make sure that the key definitions fit with your requirements |
6 |
| 1.1 |
Authorised users |
6 |
| 1.2 |
Authorised uses |
6 |
| 1.3 |
Site/licensee’s premises |
6 |
| 1.4 |
Licensed materials |
6 |
| 1.5 |
Licence period |
7 |
| 2. |
Look at the range of model licences available to see whether there are any which fit well with your type of organisation |
8 |
| 3. |
Think about what would happen in the event of a dispute |
9 |
| 4. |
Bear in mind your administrative requirements with regard to issues such as invoicing, payment terms, and exchange rates |
11 |
| 4.1 |
Exchange rates |
11 |
| 4.2 |
Payment terms |
11 |
| 4.3 |
Invoicing |
11 |
| 4.4 |
Documentation |
11 |
| 5. |
Are there any arrangements in place for perpetual access |
12 |
| 6. |
There is usually a force majeure clause. Does this contain a provision in case the information centre closes down? |
14 |
| 7. |
Check that the “Term and Termination” clause is clear and that you are happy with it |
12 |
| 7.1 |
Licence term |
15 |
| 7.2 |
Termination |
15 |
| 7.3 |
Non-cancellation clauses |
16 |
| 8. |
Do the warranties and indemnities protect both the licensor and the licensee |
17 |
| 8.1 |
Warranties |
17 |
| 8.2 |
Indemnities |
17 |
| 8.3 |
Liability |
17 |
| 8.4 |
Library Undertakings |
17 |
| 9. |
Don’t sign up to an agreement where the terminology used is unclear |
19 |
| 10. |
Ensure that the licence cannot be assigned without your permission. |
19 |
| 11. |
Check out some of the useful publications and discussion lists covering the topic of licensing digital resources |
20 |
|
Copyright law and the law of contract |
21 |
|
Licences available from CLA and NLA covering electronic
information |
23 |
|
List of clauses in a typical contract |
26 |
|
Further reading |
26 |
|
Consumer groups |
28 |
|
Relevant legislation |
28 |
|
Examples of suppliers terms and conditions |
29 |
|
Licensing Checklist |
29 |
NB: The author is not a lawyer and purchase of the report does not constitute legal advice.
The ten tips are outlined in the article "Tips on Negotiating Licences for Electronic Products", FreePint No.145.
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