[Eril-l] License Negotiation Question

Wed Jun 1 14:04:45 PDT 2022

My original reply was sent only to Sara. I agree with Theresa that it never hurts to ask!

Hi Sara, this sounds like a resource that is geared towards the private sector/for-profit entity, not an academic market.  I suggest that you write back to them and explain that as an academic institution you need to license for all members of the institution (fac, staff & students) and as a public institution you are required to allow walk-in users (should that be the case).  If needed you could explain the procedure for walk-ins to gain access to ensure that their behavior can be tracked should they abuse their privileges.

You could also explain the intended use of the resource at your institution -teaching, research, educational purposes-- not commercial development (again if that's the case) and would the vendor strike that section?

I believe it's worth asking for changes that fit with the academic usage model while explaining just that point.  Academic versus commercial.

Good luck.

Susan

Susan Davis
Acquisitions Librarian for Continuing Resources and Licensing Specialist
University at Buffalo (SUNY)
134 Lockwood Library
Buffalo, NY 14260-2210
716-645-2784
716-645-5955 fax
unlsdb at buffalo.edu<mailto:unlsdb at buffalo.edu>
https://library.buffalo.edu/staff/sdavis-bartl<https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Furldefense.com%2Fv3%2F__https%3A%2Fnam12.safelinks.protection.outlook.com%2F%3Furl%3Dhttps*3A*2F*2Furldefense.com*2Fv3*2F__https*3A*2Flibrary.buffalo.edu*2Fstaff*2Fsdavis-bartl__*3B!!NLFGqXoFfo8MMQ!sZztPgtP4SFbEE8Qo20OhBFs_YAE6H9FLcSS2sX0-Nc2lfWYR0yAHx3_cRZLFFzD0VxPeJXlXcNMBv9OBN0cxI4*24%26data%3D05*7C01*7Cunlsdb*40buffalo.edu*7C4c45647c07904b31baf108da3cbf2ea1*7C96464a8af8ed40b199e25f6b50a20250*7C0*7C0*7C637889089092551260*7CUnknown*7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0*3D*7C3000*7C*7C*7C%26sdata%3D9HdsByqtN4QN4irQ590wc3Z9Ue9ds2XrPW63R5PjU*2B4*3D%26reserved%3D0__%3BJSUlJSUlJSUlJSUlJSUlJSUlJSUlJSUlJSUlJQ!!NLFGqXoFfo8MMQ!ugKSqsmQ8fLEyRc2MpT4mY6ZwIy-Q0CVNTl4LpgeLnDKXWMAlhhOlPx2vsAS2Oy7m5iW9MnCXI1jgdKbRU7dTFs%24&data=05%7C01%7Cunlsdb%40buffalo.edu%7Ce9f31fbe02ac49b0cfa208da43f4241b%7C96464a8af8ed40b199e25f6b50a20250%7C0%7C0%7C637897013247529227%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=P2BOFxk8147AQnnTdXakfLokKu8IynHILBatbef4xeA%3D&reserved=0>

From: Eril-l <eril-l-bounces at lists.eril-l.org> On Behalf Of Arndt,Theresa
Sent: Wednesday, June 1, 2022 4:51 PM
To: Huber, Sara H. <sarai at ou.edu>; eril-l at lists.eril-l.org
Subject: Re: [Eril-l] License Negotiation Question

Hi Sara -

I've successfully asked to have walk-in access added to licenses by simply asking.  I've never encountered that other type of clause.  I suggest you just ask them to strike that.  In my experience a simple request will often result in the vendor removing an objectionable clause.  Sometimes I think the licenses are written for use with their for-profit customers, but they'll remove clauses for a non-profit educational institution.  If they refuse, you could involve your university general counsel in reviewing the license - a lawyer's objection may carry more weight if the vendor wants your business.

Good luck! - Theresa

Theresa Arndt
Assoc. Director for Library Resources & Administration
Dickinson College
Carlisle, PA 17013
Office/voicemail:  (717) 245-1750
arndtt at dickinson.edu<mailto:arndtt at dickinson.edu>

she/her/hers

________________________________
From: Eril-l <eril-l-bounces at lists.eril-l.org<mailto:eril-l-bounces at lists.eril-l.org>> on behalf of Huber, Sara H. <sarai at ou.edu<mailto:sarai at ou.edu>>
Sent: Wednesday, June 1, 2022 4:31 PM
To: eril-l at lists.eril-l.org<mailto:eril-l at lists.eril-l.org> <eril-l at lists.eril-l.org<mailto:eril-l at lists.eril-l.org>>
Subject: [Eril-l] License Negotiation Question

Caution:This email originated from outside of the College. Do not click links or open attachments unless you recognize the sender and know the content is safe. Report anything suspicious to the HelpDesk.

Hello,

A license has recently come across my desk with two unique clauses that I haven't seen before. The first section defines authorized users as ONLY those that are employed by the institution OR students and teachers of the institution. The language seems to exclude walk-in or guest users from accessing this product. The second section that troubles me indicates that all rights in any patents, designs, copyright, trademarks, etc. that are created or arising from the use of the product are to be assigned to the product owner. Has anyone encountered language like this before, and have you been able to successfully negotiate removal of these license terms? They appear to place an undue burden on the library and is not something that we feel can be enforceable.

Thank you!

______________________________

Sara Huber

Acquisitions Librarian

University of Oklahoma Libraries

sarai at ou.edu<mailto:sarai at ou.edu> |405.325.1888

________________________________
From: Eril-l <eril-l-bounces at lists.eril-l.org<mailto:eril-l-bounces at lists.eril-l.org>> on behalf of Huber, Sara H. <sarai at ou.edu<mailto:sarai at ou.edu>>
Sent: Wednesday, June 1, 2022 4:31 PM
To: eril-l at lists.eril-l.org<mailto:eril-l at lists.eril-l.org> <eril-l at lists.eril-l.org<mailto:eril-l at lists.eril-l.org>>
Subject: [Eril-l] License Negotiation Question

Caution:This email originated from outside of the College. Do not click links or open attachments unless you recognize the sender and know the content is safe. Report anything suspicious to the HelpDesk.

Hello,

A license has recently come across my desk with two unique clauses that I haven't seen before. The first section defines authorized users as ONLY those that are employed by the institution OR students and teachers of the institution. The language seems to exclude walk-in or guest users from accessing this product. The second section that troubles me indicates that all rights in any patents, designs, copyright, trademarks, etc. that are created or arising from the use of the product are to be assigned to the product owner. Has anyone encountered language like this before, and have you been able to successfully negotiate removal of these license terms? They appear to place an undue burden on the library and is not something that we feel can be enforceable.

Thank you!

______________________________

Sara Huber

Acquisitions Librarian

University of Oklahoma Libraries

sarai at ou.edu<mailto:sarai at ou.edu> |405.325.1888

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