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BC ELN Model License Update: Final

BC ELN requests that vendors sign the BC ELN Model License, revised effective March 10, 2008. The Model License reflects current best practices for licensing of electronic resources, suppporting good relationships between vendors and partner libraries by providing a common set of expectations that facilitate compliance and minimize the risk of legal complications.

BC ELN posts the full Terms and Conditions of each license on the BC ELN website, along with brief summaries of answers to frequently asked questions, such as rights for interlibrary loan. Any confidential information included in the license (e.g. pricing) is removed before posting to the web.

The original BC ELN Model License was based on the CRKN Model License, revised to reflect local licensing needs. The March 2008 revised BC ELN Model License builds on the current license. Language is streamlined to facilitate understanding of the Terms and Conditions. Details of each product are covered in a separate Schedule, so that renewals only require updating of the Schedule, not the License per se. The March 2008 BC ELN Model License was developed based on a review of licensing practices and purchasing practices for electronic resources worldwide, including emerging areas such as such as research funding agencies' open access policies, perpetual access rights, and federated searching. Some new features reflect (with permission) language from other model licenses. For example, the language on digital rights management and digital watermarking is from the Ontario Council of University Libraries (OCUL) Model License, while the language on authors' rights is from the U.K. Joint Information Systems Committee (JISC) Model License. In many areas, such as text mining as the streamlined language approach, the changes are BC ELN innovations. BC ELN, with 20 years' experience including provincial and national leadership, is considered a leader and innovator in the area of licensing.

Following are a few highlights of specific items from the March 2008 BC ELN Model License, reflecting emerging areas / frequently asked questions.

Under Permitted Uses

Granting permission to include materials in Coursepacks and Reserves is problematic for Aggregators (3rd-party vendors, such as EBSCO, ProQuest, and Gale). Every vendor, however, can allow for persistent links to articles for use by Authorized Users, from within a Secure Environment. The idea is to consider this a minimal standard for licenses which we anticipate that all vendors will comply with.

3.1.5 Fair Dealing / Creative Commons (Creative Commons is new)

3.1.6 ALTER or MODIFY the Licensed Materials...to provide an equivalent level of service to...those with print or other disabilities.

3.1.7 PERPETUAL ACCESS, including rights to participate in a LOCKSS network

3.1.8 COURSEPACKS, ELECTRONIC RESERVES / VIRTUAL LEARNING: this is included for those situations where the Licensor can grant such rights (e.g., when negotiating a license with a single Publisher, or for a package of titles produced by a single Publisher).

3.1.9 AUTHOR'S RIGHTS. Covers Authorized Users who are also Authors. This is particularly important with databases in areas where Authorized Users are likely to fall under open access mandates of research funders (e.g., the Canadian Institutes of Health Research Policy on Access to Research Outputs)



Under Prohibited Uses

4.2 SUBSTITUTION FOR LICENSE: clarifies that nothing in the Agreement is meant to provide another, non-subscribing institution with instituional access.

Licensor's Undertakings

The Licensor shall:

5.3 notify the Consortium of any significant change in business model with implications for costs for Consortium or Members, and revenue for Licensor.

5.4 notify the Consortium of the use of DRM technology

5.5 notify the Consortium of the use of Digital Watermarking Technology

Term and Termination

7.5 Funding Contingency: a way out for the Consortium if funding is significantly reduced; this is particularly important in multi-year offers.

8.8 Governing law...specifies BC Freedom of Information and Protection of Privacy Act

Licenses that are negotiated for larger groups, such as the Multi-Sector Bundle and the Consortia Canada licenses, are covered under different licenses. These other licenses often reflect language from the BC ELN Model License.