Navigating the Electronic River: Electronic Product Licensing and Contracts

Adoption of NISO’s Shared Electronic Resource Understanding (SERU) at US Academic Libraries

“…25 License negotiation is important, and libraries will "not get any contract changes if it doesn't ask." 26 It is important to record every agreement made in writing; a verbal agreement is not binding, and "the moment you sign a license agreement to the contrary, what the salesperson said becomes totally irrelevant." 27 The consequences of not reviewing a license are significant and can include the loss of rights, burdensome obligations, or sudden termination due to inappropriate use.…”

Driven adaptation: A grounded theory study of licensing electronic resources

“…They focused on various practical issues associated with licensing electronic resources. Some authors shared and discussed their experiences with the painstaking license negotiation process (Allen, 1997;Buchanan, 1997;Davis, 1999;Duranceau, 1997). They identified the most controversial or problematic contract terms for licensing librarians, including definitions of uses and users, long-term access, licensor's obligation to perform, duration of contract, warranties and liability, remedies, governing law and dispute resolution, security and usage monitoring, costs, service and support, and confidentiality (Davis, 1997;Davis & Reilly, 1998;Kara, Caputo, & Davis, 1995;Okerson, 1996aOkerson, , 1996bOkerson, , 1997.…”

Social Construction of Authorized Users in the Digital Age

“…Users' working locations should be on campus, and the users should access information from their working locations via the oncampus networks. 30 Information providers' exploration of new business models and pricing strategies likely encouraged a narrower conception of authorized users as described above. In transitioning from print to digital publishing, providers began to experiment with a range of pricing and distribution models and license terms.…”