Optimising contracts
There are a number of things that you can do to optimise the licences you have with other parties.
Negotiating
Use this checklist to help you when negotiating favourable licences for your library.
Sample licensing principles
Some licensing principle and example contract terms you might find useful when negotiating with suppliers.
Defining commercial/non-commercial use
Many suppliers of records prohibit commercial use of their records - but what is commercial and what is non-commercial is not necessarily clear-cut. There is significant uncertainty amongst suppliers about what is permissible and what is not. See: Commercial vs non-commercial.
Web 2.0 technologies have made UGC more commonplace, and users within your institution can potentially create bibliographic records, or contribute content to enhance bibliographic records. If you allow users to create such content, it is sensible to get them to give you the necessary consent to use and transfer this content, as well as ensuring that the content and records which are supplied do not breach any other legal issues, such as Data Protection etc. These model terms and conditions can be used to achieve this, with users being asked to tick the following box: "I agree to the Terms and Conditions of Service for User Contributions to Bibliographic Records".
For those institutions who would prefer to implement more lightweight terms and conditions, the following could be used:
"By posting content to XXX, you grant (and you represent and warrant that you have the right to grant!) XXX a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully-transferable and sublicenseable right to display, use, analyze, aggregate, modify, adapt, publish, translate, transform, create derivative works from and perform in any venue or media, online or offline, the your content and records.
This grant is restricted by the above promise that XXX will not sell any personally-identifiable information to any third party as well as any additional promises attached to specific features (eg reviews)."
However, when deciding which approach to take be aware that the more robust framework you create, the more bases you can cover:
- you get undertakings from users that they are doing the right thing and that they understand their obligations;
- you can outline your own obligations to users and manage their expectations;
- you can reduce your liabilities by shifting them on to users (as above) and/or limit/disclaim them;
- you have the opportunity to state the governing law if all goes wrong.
You as a supplier
You may also be a supplier of bibliographic records to other parties. In these instance, make sure that you put appropriate licences in place (eg so that you do not limit your activities). For example, Principle 3 in the licensing principles and example contract terms might be useful term to include within a contract.