Model Licenses & License Templates: Present and Future

Liane Taylor, 6.7.13ltaylor@txstate.edu

Photo Credits on last 2 slides. Thanks Compfight!

ME:• ~8 years exp• Trial by fire• CIP Adv. Licensing, 2011

WHERE I WORK:• State university • ~28k FTE• Emerging research• Flagship

I. Creating or Updating License Guidelines without Reinventing the Wheel

II.Model Licenses: Wherefore & Whither

III.The New Normal

IV.Working Together & Moving Forward

GOALS

• Stop hunting for that wording you used once!

• Consistent verbiage• Share with

colleagues• Use as checklist

License Guidelines: Why bother?

CC: D Sharon Pruitt

The wheel has been invented: don’t start from scratch!

Consider Workflow, Access, Function to choose format

Review model licenses

Include institution-specific needs

Download Guidelines template at:http://tinyurl.com/comparelicenses

Ex. Always; As needed; Pending

Example: Authorized Users

• LIBLICENSE (2008) • NERL (11/2012)• Licensing Models (10/2009)

• California Digital Library (2011)• Florida Virtual Campus (2013)– Set of guidelines w/sample clauses

Model Licenses

http://tinyurl.com/comparelicenses

WHEN EXCEPTIONS BECOME THE RULE

• Text Mining• 3rd Party Usage Statistic Collection• Cloud Hosting of Software• Repositories• Perpetual Access & Completeness• Streaming Video (3rd party & self-

hosting)• Fair Use • E-Reserves (perennial)• E-Books • Mobile Devices/Downloading• More click-thru agreements• More attention to ADA

We need to stop licensing in silos! How can we share what’s not

working & new sticky issues with each other, as a community?

Do we need [new, revised] standard language for…

Auto-renewal

• Should no auto-renewal be the new standard?

• Instead of auto-renewal, how about: This Agreement may be renewed upon mutual agreement of the parties in writing.

ALUM

NI

NEW VENDORS

Authorized Users Issues

• Alumni: Career Services resources giving access; IT/University may grant alumni access for 1 semester post-graduation; license some resources for alumni use?

• New Vendors: Nervous about licensing to libraries; different conceptions of “authorized users”; protective; try to micromanager users

Ex: Non-Institutional UseWhat the Heck?

• Non-institutional use (including by faculty, staff, affiliated researchers and independent contractors), including those located at different locations, but within Licensee’s company or related or affiliated companies, shall not be considered Authorized Users.

Solution(ish)

• Use is limited to educational, scientific, and research purposes for Licensee’s institution. All other uses are prohibited.

New Issues w/ Authorized Uses

• Absurd micromanagement• Loss of rights• Requirement to over-specify specific uses • New uses/rights– Repository rights *NERL– Text mining *NERL, LM– Use on websites/promotional materials– More complicated archival/preservation needs– Rip -> Stream on Secure Server– Cloud Hosting/Distribution

New Standard Needed?Images, Promotional Use

• When license e-resource w/images, do we need to specify that images can be used on websites & in promotional materials, as well as for educational use/class presentations?

• Authorized Users (NOTE: no walk-ins) can use images from Licensed Materials on university websites, in emails, and within news publications to promote events, services, and resources as long as the product containing the image is not sold [for commericial use/profit].

Licensing Images for Locked-Down Tablets…Is this a new thing?

Additionally, Licensee will have the capability to download and store the images onto devices within their lab. The devices and images will be in a secured environment, and will allow for no additional wifi access, printing, copying or transmission of any sort. These images will be view-only. These images will be subjected to the same rules as referenced in 2.4 of this document.

Backup Copies of Mp4s: 108c is not your friend!

“The right to archive under subsection (c) (for published works) applies only to replacement of a damaged, deteriorating, lost or stolen copy, or when the format of the recording has become obsolete, and then only when a reasonable effort to locate an unused replacement at a fair price or a device that accommodates the format has proven unsuccessful!” - Copyright Crash Course, “Copyright in the Library - Making Copies: Archiving”, Georgia Harper, Univ. of Texas Libraries

…but how to say…?

Licensee is authorized to make such further copies in perpetuity as it may deem necessary for purposes of archival preservation, refreshing, or migration, including migration to other formats, so long as the purpose of such copying is solely for continued use and/or archival retention of the data and does not violate or extend the use rights contained in this Agreement. (NERL)

The Licensor shall allow the Licensee to participate in the archiving of one complete copy of the Licensed Materials, and to use such archived Licensed Materials in the event the original copy is scratched, broken, or otherwise made unplayable in the normal course of use. (Alternative?)

Do our completeness of content clauses need more teeth?

Defining Reasonable Amount

• Vendor: “Reasonable Amount” shall mean not more than 10% of the content contained in the Licensed Materials.

• Proposal: The term “reasonable” as it relates to amounts of licensed material subject to copying, duplication, or dissemination by licensee and its users will be determined on a case by case basis using the four Fair Use analysis factors as codified at 17 United States Code Sec. 107.

Licensee can distribute the software via a cloud platform to workstations located on the primary and satellite campuses, with appropriate security ensuring that access is not granted to other locations or institutions.

Cloud Platform Distribution

Clinging on to single-site.

• One “administration”

• Shared IP range

• No separate FTE count

And be 5’3” feet tall with red hair…

Authorized Users must be those users who are using the Licensed Materials for legitimate educational purposes, whether as a mental health professional in training or as part of other relevant Licensee-approved educational courses or assignments.

The Licensee shall encourage Authorized Users to view the Licensed Materials in as private an environment as possible, and out of sight or hearing range of unauthorized users as reasonably practical.

The Licensed Materials are composed of streaming video. The transcripts of the verbal video content are made available only as an aid to facilitate use and comprehension of the video content and shall not be considered the equivalent of a book, journal or other print product. As a result, by this Agreement, the Parties agree that such transcript text included in the Licensed Materials is not primary reading material nor intended for use as primary reading material and as such may not be copied in whole or in part under Fair Use provisions.

for each Online Product, copy and paste one chapter of each title in the collection in question, or up to 5% of the pages from the total collection, whichever is the greater, for personal use only, during any given four-week period, unless otherwise stated in the Terms of Use for that particular Online Product; (iii) for each Online Product, make printed copies of one chapter or up to 20% of the pages from the total collection, whichever is greater, for personal use, during any given four-week period, unless otherwise stated in the Terms of Use for that particular Online Product. 

Allow Authorised Users to download the Online Products to a maximum of 5 hand held devices for their personal use only provided that the limits detailed in clause 3(b) below continue to apply. Notwithstanding the above, whilst the Publisher permits the use detailed in this sub-clause (v), You and Authorised Users acknowledge that the Publisher makes no warranty as to the Online Product(s)’s suitability for or use on such hand held devices and the Publisher expressly excludes all liability towards You and Authorised Users in the event that the Online Products do not function properly or at all on such hand held devices

Help with LIBLICENSE, Licensing Models? How? What’s needed and/or what’s not working?Shared collection of exceptional clauses?How can we work together instead of each alone?

Liane Taylor, ltaylor@txstate.edu

Photo Credits• Slide 1: D Sharon Pruitt, Free jumbled type texture for layers free creative commons,

http://www.flickr.com/photos/40645538@N00/3020250442/, © 2006-2013 Pink Sherbet Photography, License: http://creativecommons.org/licenses/by/2.0/

• Slide 2: Trois Têtes (TT) , Hi, http://www.flickr.com/photos/33286810@N00/2097531807/, License: http://creativecommons.org/licenses/by-nc/2.0/

• Slide 3: Corscri Daje Tutti! [Cristiano Corsini], Malinconia. L'ultima partitella (the last match of the summer), http://www.flickr.com/photos/33399095@N00/1320198723/ License: http://creativecommons.org/licenses/by-nc-sa/2.0/

• Slide 4: Todd Ehlers , Where I Teach, http://www.flickr.com/photos/47325272@N00/2541408630/, License: http://creativecommons.org/licenses/by/2.0/deed.en

• Slide 5: D Sharon Pruitt, Free Traffic Signal Arrows on Dark Cloudy Sky Creative Commons Go Ahead, http://www.flickr.com/photos/40645538@N00/2239333594/ , © 2006-2013 Pink Sherbet Photography, License: http://creativecommons.org/licenses/by/2.0/

• Slide 8: Claudio.Ar, On the road again ... / De nuevo en el camino ..., http://www.flickr.com/photos/8991878@N08/3354840032, License: http://creativecommons.org/licenses/by-nc-sa/2.0/

• Slide 12: Gord McKenna, There was only one rule, http://www.flickr.com/photos/23196822@N00/315490873/, License: http://creativecommons.org/licenses/by-nc-nd/2.0/

Photo Credits• Slide 17: Wolkman-K, The Safety, http://www.flickr.com/photos/9948642@N05/3673428383/, License:

http://creativecommons.org/licenses/by-nc/2.0/ • Slide 24:Nora Arias Loftis, Go ahead; make my day, http://

www.flickr.com/photos/19136940@N00/275356843/ License: http://creativecommons.org/licenses/by-nc-nd/2.0/

• Slide 26: kevin dooley, Sky symphony, http://www.flickr.com/photos/12836528@N00/5192063662/, License: http://creativecommons.org/licenses/by/2.0

• Slide 27: SuperFantastic, regret, http://www.flickr.com/photos/35423169@N00/31545146 License: http://creativecommons.org/licenses/by/2.0

• Slide 34: Fabrizio Sciami , http://www.flickr.com/photos/57688343@N00/1578087736/, License: http://creativecommons.org/licenses/by-sa/2.0/

• Slide 37: Vern Hart, DSP 147: Thank You! 2007-10-11, http://www.flickr.com/photos/37183619@N00/1574355240, License: http://creativecommons.org/licenses/by-nc-sa/2.0/