e-bOOk licensing and ReseaRch libRaRies—negOtiating pRinciples and pRice in an eMeRging MaRket
SEPTEMBER 2012 RESEARCH LIBRARY ISSUES: A QUARTERLY REPORT FROM ARL, CNI, AND SPARC
LYRASIS was selected as the ARL agent4 and the first license negotiated on behalf of ARL was
for the University Press Content Consortium (UPCC) Book Collections on Project MUSE (hereafter
“provider,” “vendor,” or “licensor”). Readers are referred to the “ARL E-Book Requirements” for detail
regarding the technical and service specifications. What follows is a description of some of the key license
provisions, some of the principles upon which they were based, and how they were addressed during the
Key License Provisions
The final license successfully addresses many key points. ARL acknowledges Johns Hopkins University
Press and Project MUSE for their willingness to work together to craft a license in this new arena. A
significant characteristic of the license, which allows many of the provisions, is the absence of digital
rights management (DRM) on the UPCC e-book files.
Archival, Preservation, and Perpetual Use
The “ARL E-Book Requirements” include extensive language based on principles for perpetual use that
archival preservation, refreshing, or migrations ensure continued use and/or retention of the data. One
copy of any material sold or discontinued must be made available from the provider to the library in a
mutually acceptable format. In addition the provider would grant a nonexclusive, royalty-free, perpetual
license to use any licensed materials accessible during the term of the agreement after the agreement
terminates. Third-party trusted archive services and collaborative archiving could fulfill the requirements
for the perpetual-use provision. A copy of the licensed materials should be provided upon termination of
the agreement for research libraries to use to fulfill their preservation responsibilities.
The provider agreed to grant a nonexclusive, royalty-free, perpetual license to use any content that
was accessible during the term of the agreement. Perpetual access would be available at no charge if
access was purchased within the previous 24 months or, if not active, a reasonable annual fee would be
charged to recover costs to provide continuing access. In addition, a machine-readable copy would be
provided upon termination and further copies could be made for the purpose of archival preservation. A
third-party trusted archive is also allowed to provide services.
Authorized Users and Authorized Uses
Research libraries have diverse and dispersed communities. This license principle expressed in the “ARL
E-Book Requirements” is similar to that used by libraries for e-journals and journal packages. It specifies
that the user community include those who the institution authorizes to access secure institutional
networks. Those individuals may be within the library, but are more likely to need remote access. The
principle also allows walk-in users for those institutions that offer unaffiliated users onsite access.
The uses made of the content are for the purposes of research, education, or other non-commercial
use. Provision is made that the licensee and authorized users may make all use of the licensed materials
as is consistent with the exceptions and limitations of the US Copyright Act, including 17 USC §107, §108,
§110, §121, and the Copyright Act of Canada. Nothing in the agreement is to be interpreted to limit in
any way rights under the exceptions and limitations of the US Copyright Act and the Copyright Act of
Canada to use the licensed materials. Commercial use would not be considered authorized use.