ACRL News Issue (B) of College & Research Libraries 4 9 6 /C & R L N ews The λNay I See it Licensing agreements: Think before you act By Michael D. Cram er The responsibilities o f owning elec­ tronic products can he complex O ver the past decade the usage and vari­ety o f electronic media have multiplied within libraries large and small. The future ap­ pears filled with scores o f directions for prod­ ucts, systems and devices. One aspect of elec­ tronic media which has received little comment, and one suspects little thought, is the ubiqui­ tous license agreem ent. These agreem ents, which have not accom panied our standard purchases o f books and journals, represent a significant change with respect to libraries and the materials they acquire and use, and between librarians and vendors. In both cases, our rela­ tionship is made formal and legalistic. Are li­ brarians prepared to accept responsibility for electronic databases and other electronic prod­ ucts different from that we feel towards other library materials, or do we wish to continue their acquisition and use with the same atti­ tude we use towards bestsellers? Unlike the purchase o f a book or journal, the responsibility (as defined in a license agree­ ment) o f owning an electronic product does not stop once these items are up and running. This responsibility combines the concepts of stewardship and com pliance. It is neither a mundane nor a petty detail to be delegated to one individual or department and reviewed only once. Instead, I propose that it represents an organizational commitment and requires an or­ ganizational acceptance on the part o f refer­ ence librarians, bibliographers, administrators, etc. Each needs to understand and abide by terms the library has negotiated and accepted. It should not represent a collar holding us back nor a boundary we feel obligated to circum­ vent, and our users should have the same un­ derstanding. To accomplish the above, I believe all mem­ bers of the decision and usage chain must par­ ticipate in defining a license agreement. I would offer these suggestions for every library when acquiring, switching, or renewing a product which has a license agreement. 1 ) D eterm in e w h at it is you w ish to do w ith an e le ctro n ic p ro d u ct b efo re you b e­ gin th e p u r c h a s e o r re n e w a l p r o c e s s . If necessary, establish an ongoing group that meets as needed to review license agreements, draws up questions for vendors, and which has o n e spokesperson in contacting a vendor. 2 ) Build a relatio n sh ip w ith y o u r legal p e rso n n e l. Discuss license agreements with them, invite them to educate you on these doc­ uments, discuss what it is the library plans to use the product for, formally or informally in­ clude them in your review o f license agree­ ments. Indeed, sometimes only they are legal­ ly empowered to negotiate these agreements. 3 ) Estab lish a c o n ta c t w ith in th e v e n ­ d o r’s co m p a n y w h o c a n a n sw e r y o u r ques­ tions. The sales representative may not be your best avenue. Direct discussion with an individ­ ual responsible for license agreements is the best method. Sometimes your legal resource will or can undertake this for you. 4 ) Obtain a c o p y o f th e licen se a g ree­ m en t as p a rt o f y o u r selectio n an d d elib er­ ation p ro ce ss fo r an e le ctro n ic p ro d u ct. Its basic terms and conditions should be a criteria in your selection. 5 ) C learly u n d erstan d y o u r lo cal defini­ tio n s f o r te r m s s u c h as u s e r ( s ) , s it e (s ), b ra n c h (e s ), cam p u s, etc. Be particularly sen­ sitive in conversations with a vendor that you both attach the same meaning to these terms. B e prepared to provide vendors with your def- M ichael D. C ram er is h e a d o f acquisitions a t Virginia Polytechnic Institute a n d State University, Blacksburg; e-m ail: m cram er@ υtυm l.cc.vt.edu S ep tem b er 1 994 / 4 9 7 initions and to incorporate them into your final document. 6 ) If y o u r lo cal needs d ictate te rm s and co n d ition s d ifferen t fro m th e stan d ard li­ ce n se a g re e m e n t, e x p la in y o u r situ ation cle a rly an d su ccin ctly . Be prepared to ac­ commodate on some provisions and to seek changes in other areas— in other words, ask for what you believe you want, but realize you may not get everything. 7 ) Lay o u t fo r th e v e n d o r an y lo cal r e ­ qu irem en ts th at you m a y have fo r th e p u r­ ch a se o f an e le ctro n ic p ro d u ct. Examples include sole-source statements, the number o f agreement copies required, and the amount of time they can expect the process to take. 8 ) O n ce th e p ro d u ct is installed, be p re ­ p a re d to m o n ito r y o u r u sage o f it to be su re y o u are in co m p lian ce w ith y o u r li­ ce n se agreem en t. If your situation changes, promptly contact the vendor to accommodate this change. Throughout ownership or lease o f an elec­ tronic product patience, flexibility, and under­ standing are necessary. Vendors are not inti­ m a te ly fa m ilia r w ith th e m u ltitu d e o f organizational structures used by library sys­ tems or colleges and universities. The license agreement represents a formal, legal commit­ ment between the library and the vendor. It should be a source onm utual understanding for the operation o f an electronic product. ■ (Bibliographies cont. from p a g e 472) paper been employed? Does the work have good-quality binding that will withstand heavy usage? Though these observations may appear obvious, the Oberly Committee has encountered nominations in its biannual deliberations which faltered on one or more o f these points. Conclusion Though written more than sixty years ago, Arundell Esdaile’s seven commandments to bib­ liographers still have validity for those consid­ ering such a project: 1. B e p ro u d , a n d th in k highly o f y o u r c a ll­ ing. 2. B e hu m ble, a n d d o n ot despise details. 3. B e a ccu r a te, in s m a ll things a s in g reat. 4. B e brief. 5. B e clear. 6. T ake nothin g on trust (w ithou t necessity, a n d n ot even then w ithout sayin g so); there h a v e b ee n m a n y b a d bibliographers, a n d it is h u m a n to err. 7. N ever guess; y o u a r e su re to b e f o u n d out, a n d then y o u w ill b e written d ow n a s o n e o f the b a d bibliographers, th a n w h ich th ere is n o m ore terrible f a t e ‚6 An outstanding bibliography makes a sig­ nificant contribution to the field of knowledge. It contains introductory material detailing the objective, scope, content, audience, and primary organization o f the work as well as identifying the format o f the citations. The bibliography should provide in-depth and accurate cover­ age of the selected subject area. Citations should be as complete as possible, and they should be verified before publishing. If possible, annota­ tions or abstracts should be included. Multiple access points provide greater utility, but sub­ ject or keyword categories that are too broad should be avoided. An attempt should be made to maintain a pleasing typeface and adequate margins. Superior quality paper should always be employed and thought should be given to sturdy binding. Following these general guide­ lines will produce an outstanding bibliography that may win awards. Notes 1. Roy Stokes, The F u n ction o f B ib lio g ra p h y (London: Andre Deutsch, 1969), p. 128. 2. D. W. Krummel, B ibliographies: Their Aims a n d M eth od s (London: Mansell Publishing, 1984), p. 101. 3. Bibliography Committee, Reference and Adult Services Division, American Library As­ sociation, “Guidelines for the Preparation of a Bibliography,” RQ, 22 (Fall 1982): 31-32. 4. Sidney E. Berger, “The Design o f Bibliog­ raphies,” AB B o o k m a n ’s W eekly 86 (November 19, 1990): 1993-2000. 5. Stanley Morison, First P rin ciples o f Typog­ raphy, 2nd ed. (London: Cambridge University Press, 1967), p. 5. 6. Amndell Esdaile, A S tu d en t’s M a n u a l o f B ib lio g r a p h y (New York: Charles Scribner’s Sons, 1931), p. 31. References Besterman, Theodore. A W orld B ib lio g ra p h y o f B ibliographies. 4th ed. Lausanne, Switzer­ land: Societas Bibliographica, 1965. Toomey, Alice F. A W orld B ib liog rap h y o f B ib ­ l i o g r a p h i e s 1 9 6 4 - 1 9 7 4 . T otow a, N.J.: Rowman and Littlefield, 1977. ■