Library Licensing: A Manual for Busy Librarians

✍ Scribed by Corey Halaychik, Blake Reagan

• Publisher: Libraries Unltd Inc
• Year: 2019
• Tongue: English
• Leaves: 183
• Category: Library

✦ Synopsis

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

✦ Table of Contents

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