Top 10 Actions
...for librarians and bibliographic record leads:
- Familiarise yourself with the basic legal landscape (IPR, Database Right and Contract Law) to help you understand possible issues that may arise, including those associated with ‘contracting out’ of fair dealing and library privileges, when negotiating contracts with suppliers of bibliographic records.
- Audit your compliance to identify if your current and planned activities are permissable within the terms of your supplier licences. Being aware of the key licence terms in contracts which might restrict your activities will help with this.
- Manage the risk to your institution by addressing issues that arise in the compliance audit and identifying clear mitigating actions. This should involve working with senior managers to agree an appropriate risk appetite, and embedding IP risks within corporate risk frameworks such as an IP risk register. This will provide greater protection and potentially reduced liability for staff and the institution.
- Ensure that there are clear roles and responsibilities for staff in your institution for conducting regular compliance audits (which includes current licence terms and record activity), negotiating licences and identifying risks.
- Be aware of, understand, and read the detail of, any new contract you intend to enter into. The glossary and contractual clauses to be aware of can assist you in this task.
- Negotiate favourable terms with suppliers where possible and ensure that you are in a position to comply with all agreed terms. Understanding, and be able to clearly explain, what you would like to do with your bibliographic records will very much help this. The use cases and discussion of commercial activities will help you communicate your requirements to suppliers.
- Consider agreeing with senior managers the instigation of key licensing principles underpinning your receipt and supply of bibliographic records to make future contract negotiations easier.
- Run regular staff training to increase awareness about copyright and other IP issues, and the related role of licences.
- Minimise the risks to your institution of using and supplying User Generated Content (UGC) by adapting, customising and implementing model terms and conditions.
- When designing new services that utilise bibliographic information, consider minimising the transfer of bibliographic information to avoid problems, or negotiate with suppliers at the planning stage to agree favourable terms.