1. License Agreement: A contract that sets forth the terms and conditions under which a Licensor grants a License to a Licensee in exchange for compensation (usually a negotiated fee). http://www.library.yale.edu/~llicense/definiti.shtml

2. Licensing! 20 September 2010 Webinar, Federal Reserve Bank of St. Louis Lesley Ellen Harris Lesley@copyrightlaws.com copyrightlaws.com

3. Why license… Access to content Online journal, database, aggregated content, encyclopedia, financial information, individual articles, images and more

4. Basic Licensing Principles Intangible content is not purchased outright Licensing = permission No transfer of copyright ownership

5. The licensing process What content do you need? What is your budget? Who negotiates/signs? How do you keep track of licenses? Do you have consistent practises?

6. “Must-haves” Remote access Public as users Warranty re legal content 1 year license duration

7. Learning a new language LicenseAssignment License Agreement LicensorLicenseeContent Privity of ContractFair UseEnd-user

8. Contract basics What is a contract? Writing requirement? What is a valid contract? –Offer –Acceptance –Consideration

9. True or false A license means permanent ownership. Lawyers always negotiate licenses. Licenses must be negotiated each year. Not all licenses are negotiable. Licenses must be written by content owners.

10. Global licensing Licensing digital = global Legal system Country of court Physical place of litigation/arbitration

11. Other global issues Currency Taxes Rights in specific copyright laws Def’n of territory, authorized user, authorized site WIPO/Berne

12. Worldwide protection Once you have protection in your own country, you are protected in 164 countries Thanks to the Berne Convention –www.wipo.org

13. Are there industry standards? Model licenses and licensing principles General principles; checklist of issues; standard wording Cannot rely on as is; lack of flexibility; applies to general situations Educational tools

14. Model licenses Liblicense www.licensingmodels.com

15. Licensing principles IFLA American Association of Law Libraries

16. Specific License Clauses

17. Boilerplate Clauses

18. Tips for negotiating Be prepared Know your goals Ask questions Never threaten Select your surroundings Know the other side Listen carefully Communicate clearly Take notes Stay focused Watch body language Know when to break or walk away

19. Licensing policy? Do you need one? Contents

20. The Licensing Librarian Selecting, acquiring and managing digital content Coordinating license negotiations and renewals Coordinating efforts with consortia Managing multiple licenses –Database

21. More… Liaison with vendors Creating licensing and copyright policies Developing training and ensuring license compliance Answering licensing questions Following news, trends and advocacy

22. Education What are your obligations? Initiatives to undertake –Resources on licensing –Summary of licenses –Seminars (in-person, online) –Warnings prior to accessing licensed content

23. Standard practices Learn as much as you can about licensing Know your needs Read licenses Ask questions Understand obligations Use written licenses Cover all issues Educate about your licenses Be creative, flexible and patient Know when to walk away

24. Questions? Lesley Ellen Harris Lesley@copyrightlaws.com http://copyrightlaws.com