University of Alberta Libraries Licensing Background Implications –Everyday Issues –Occasional Issues Summary

University of Alberta Libraries Definition “Licensing agreements are means for granting rights in property without transferring ownership of it” USE not OWN

University of Alberta Libraries Types of Law Licenses are based on: Copyright law Contract law

University of Alberta Libraries Copyright Law Area of intellectual property law Provides the foundation for licenses

University of Alberta Libraries Contract Law “Contracts are agreements between parties that bind the parties to act or refrain from acting in particular ways” Contracts trump Copyright

University of Alberta Libraries Why Licenses? Uncertainties regarding copyright law interpretation Uncertainties regarding protection afforded by copyright law Ease of litigation

University of Alberta Libraries Parties to a License Information Provider Information Vendor Library / Institution Library User

University of Alberta Libraries License Issues Permissions Prohibitions Obligations

University of Alberta Libraries Everyday Issues - Users Authorized users Authorized locations Authorized uses Unauthorized uses

University of Alberta Libraries Authorized Users Primary users Secondary users (e.g. walk-in users)

University of Alberta Libraries Authorized locations Insitution wide? Physical restrictions (e.g. to a building)? Remote access allowed?

University of Alberta Libraries Authorized Uses - Users Activities –Download –Print –Store Purpose –Commercial / non-commercial use

University of Alberta Libraries Unauthorized Uses - Users Almost anything else. If in doubt, consult license. Fallback - copyright law.

University of Alberta Libraries Everyday Issues - Library Authorized uses Obligations

University of Alberta Libraries Authorized Uses - Library E-reserve Course Packs Commercial Use (I.e. “fee for service”)

University of Alberta Libraries Authorized Uses - ILL Some vendors are ILL compliant, some aren’t. CNSLP contract - includes ILL.

University of Alberta Libraries Obligations - Library Inform users of use restrictions Security precautions Police users?

University of Alberta Libraries Vendors Warranties (e.g.) –Content rights Obligations (e.g.) –System performance –Respect user privacy –Statistics

University of Alberta Libraries Occasional Issues Breach of contract Penalties Litigation Indemnities

University of Alberta Libraries Importance of Licenses Impact Risk Library Environment

University of Alberta Libraries Summary Two-way agreements Institutional Requirements Future of licensing

University of Alberta Libraries Resources Harris, Lesley Ellen. Licensing Digital Content. Chicago, Ill.: ALA, 2002