Library Licensing

Corey Halaychik currently serves as head of content management at the University of Texas at Austin Libraries. He is the co-founder and co-director of The Library Collective.Blake Reagan earned a BA and JD from The University of Tennessee at Knoxville. He is currently the director of procurement services for The University of Tennessee System.

This clear and concise manual will help librarians understand licenses so that they can become better reviewers, drafters, and negotiators.Libraries purchase or subscribe to countless resources that are governed by licenses-both digital products and physical objects like rare books or equipment. Many librarians, however, lack the legal expertise to comprehend and assess the clauses found in licenses.Authors Corey Halaychik and Blake Reagan have reviewed and edited thousands of contracts and use the lessons they've learned to help librarians sort through the often archaic and confusing language found in licenses. Library Licensing is a key reference for anyone responsible for reviewing, editing, negotiating, and agreeing to licenses that govern library resources. It contains essential information that will allow the reader to not only understand the language used in contracts but also to replace confusing and redundant language with clear and concise alternatives. Organized with ease of use in mind, chapters are written for quick and easy consultation and application.

Step-by-step tips for reviewing, editing, and negotiating contract language

Chapter 1 IntroductionOverviewWhat Is a Contract?Why Are Contracts Important?How Can Contracts Be Improved?TechnologyLanguageInternal Review ProcessSignature AuthorityMind-setChapter 2 Contract LanguageIntroductionContract-Management SoftwareIntegrated Library SystemsCommon Contract Clauses with Things to ConsiderIntroductory ClauseRecitals/BackgroundTerm (Duration/Renewal) and TerminationTransactionsFinancial ConsiderationsPricing ModelsConclusionChapter 3 Organizing ContractsIntroductionTerms Common in Library Licenses and SubscriptionsAccess and AuthenticationAccessibilityArchiving and PreservationConsortia PurchasesCopyrightCourse Packs/Electronic Reserves/Virtual Learning EnvironmentsGeographical/Institution/Unified CampusInforming Authorized Users of LimitationsInterlibrary LoanMonitoring and Reporting MisusePatron Record MaintenanceReturn of/Destruction of MaterialsSupplying Patron RecordsUsage StatisticsWalk-In UsersGeneral ClausesAssignmentAttorneys' FeesAutomatic RenewalCollection CostsCourt CostsCounterpartsDispute ResolutionEntire Agreement (Merger or Integration)ExclusivityForce Majeure (Acts of God)Governing LawIndemnificationInsuranceLimitation of ActionLiquidated DamagesModification Waiver (or Amendment)Multiple LanguagesNonsolicitationNoticeOnline TermsPrimary VendorRequirementsSeverabilitySupplier ConductThird-Party BeneficiaryTermination/CancellationVenue (or Jurisdiction or Forum Selection)ConclusionChapter 4 Managing ContractsIntroductionSpecific Transactions and Special TopicsIntellectual PropertyConfidentiality AgreementsCredit and Direct Bill ApplicationsHotelsMaintenance AgreementsCateringImage Release/Property ReleasePerformers, Speakers, Lecturers, and OthersResidential Leases for the Benefit of Students or EmployeesPublic RecordsConclusionChapter 5 Administering ContractsIntroductionContract OrganizationTitleIntroductory ClauseRecitalsLead-inBodySignature BlocksAttachmentsNegotiatingData Entry and SoftwareException MemosTerminationsConclusionChapter 6 ConclusionAppendix A: Contract Review ChecklistAppendix B: Model Standard Payable ContractAppendix C: Sample Visitor Hotel Rate AgreementAppendix D: Sample Preferred Hotel AgreementAppendix E: Sample Master Lease for StudentsAppendix F: Sample Standard AmendmentAppendix G: Sample Professional Service ContractIndex