Library Licensing: A Manual for Busy Librarians

Description

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. In-depth coverage of terms used in library contracts Clear and concise definitions of common contract language Guidance on how to make contract language less confusing Step-by-step tips for reviewing, editing, and negotiating contract language Cover Title Page Copyright Dedication Contents Chapter 1. Introduction Overview What Is a Contract? Why Are Contracts Important? How Can Contracts Be Improved? Technology Language Internal Review Process Signature Authority Mind-set Chapter 2. Contract Language Introduction Contract-Management Software Integrated Library Systems Common Contract Clauses with Things to Consider Introductory Clause Recitals/Background Term (Duration/Renewal) and Termination Transactions Financial Considerations Pricing Models Conclusion Chapter 3. Organizing Contracts Introduction Terms Common in Library Licenses and Subscriptions Access and Authentication Accessibility Archiving and Preservation Consortia Purchases Copyright Course Packs/Electronic Reserves/Virtual Learning Environments Geographical/Institution/Unified Campus Informing Authorized Users of Limitations Interlibrary Loan Monitoring and Reporting Misuse Patron Record Maintenance Return of/Destruction of Materials Supplying Patron Records Usage Statistics Walk-In Users General Clauses Assignment Attorneys’ Fees Automatic Renewal Collection Costs Court Costs Counterparts Dispute Resolution Entire Agreement (Merger or Integration) Exclusivity Force Majeure (Acts of God) Governing Law Indemnification Insurance Limitation of Action Liquidated Damages Modification Waiver (or Amendment) Multiple Languages Nonsolicitation Notice Online Terms Primary Vendor Requirements Severability Supplier Conduct Third-Party Beneficiary Termination/Cancellation Venue (or Jurisdiction or Forum Selection) Conclusion Chapter 4. Managing Contracts Introduction Specific Transactions and Special Topics Intellectual Property Confidentiality Agreements Credit and Direct Bill Applications Hotels Maintenance Agreements Catering Image Release/Property Release Performers, Speakers, Lecturers, and Others Residential Leases for the Benefit of Students or Employees Public Records Conclusion Chapter 5. Administering Contracts Introduction Contract Organization Title Introductory Clause Recitals Lead-in Body Signature Blocks Attachments Negotiating Data Entry and Software Exception Memos Terminations Conclusion Chapter 6. Conclusion Appendix A: Contract Review Checklist Appendix B: Model Standard Payable Contract Appendix C: Sample Visitor Hotel Rate Agreement Appendix D: Sample Preferred Hotel Agreement Appendix E: Sample Master Lease for Students Appendix F: Sample Standard Amendment Appendix G: Sample Professional Service Contract Index About the Author