Library licensing : a manual for busy librarians

Title:

Author:

Halaychik, Corey S. author

ISBN:

9781440870767

Publication:

Santa Barbara, California : Libraries Unlimited, an imprint of ABC-CLIO, LLC, [2020]

Physical Description:

x, 170 pages 24 cm

Contents:

Introduction -- Contract Language -- Organizing Contracts -- Managing Contracts -- Administering Contracts -- 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.

Abstract:

"This clear and concise manual will help librarians understand licenses so that they can become better reviewers, drafters, and negotiators"-- Provided by publisher.

Subject Term:

Letting of contracts -- United States.

License agreements -- United States.

Government purchasing -- Law and legislation -- United States.

Library administration -- United States.

Librarians -- United States -- Handbooks, manuals, etc.

Government purchasing -- Law and legislation. (OCoLC)fst00945560

Letting of contracts. (OCoLC)fst00996802

Librarians. (OCoLC)fst00997301

Library administration. (OCoLC)fst00997606

License agreements. (OCoLC)fst00998047

Geographic Term:

United States.

Genre:

Handbooks and manuals.

Local Subject:

LIBRARY AND INFORMATION SCIENCE COLLECTION

Added Author:

Reagan, Blake

Other Format:

Online version: Halaychik, Corey S., Library licensing Santa Barbara, California : Libraries Unlimited, 2019. 9781440870774 (DLC) 2019030793

Available:

Library	Call Number	Material Type	Status
Searching... State Library of Oregon	344.73092 Halay	4-Week Loan	Searching... Unknown

Bound With These Titles

On Order

Summary

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.

Author Notes

Corey Halaychik currently serves as head of content management at the University of Texas at Austin Libraries. He is the co-founder and co-director of The Library Collective.

Blake Reagan earned a BA and JD from The University of Tennessee at Knoxville. He is currently the director of procurement services for The University of Tennessee System.

Summary:

"This clear and concise manual will help librarians understand licenses so that they can become better reviewers, drafters, and negotiators"--

Reviews (2)

Booklist Review

Librarian Halaychik and attorney Regan are on a mission to help librarians overcome their fear of contracts. First and foremost, they note, you don't need to have a law degree to be good at contracts; in fact, attorneys are often bad at contract drafting. This concise, practical manual starts from the very beginning--"What Is a Contract?"--and walks readers step-by-step through the finer points of contract review and drafting, using a variety of library-centric scenarios. The book concludes with several sample contracts that can be used as templates. Straightforward, practical, and as entertaining as can be expected from a book on contracts (many examples involve cats), this book will be a useful addition to the bookshelves of librarians whose duties include negotiating or reviewing contracts.

Library Journal Review

The scope of this work is broader than the title suggests. Halaychik (head of content management, Univ. of Texas at Austin Libs.) and Reagan (director of procurement svcs., Univ. of Tennessee Syst.) discuss not only the licensing agreements of electronic resources but also many other contracts library professionals regularly encounter, such as services for maintenance, catering, or speakers. Librarians need not be intimidated by contracts, the authors say. They explain basic contract language, describe standard clauses in terms easily understood by nonlawyers, and cover different types of contract maintenance software. Readers will pick up phrases that can be adapted to their needs, and they'll appreciate the appendixes, which include templates for standardizing and streamlining a contract manual for their institutions. VERDICT This is a solid guide for understanding, creating, and managing licensing agreements. Even readers with little experience will gain confidence and be able to approach contract negotiations from a position of knowledge and strength. Library professionals without ready access to legal advisers will refer to this work time and again.--Lydia Olszak, Bosler Memorial Lib., Carlisle, PA

Chapter 1 Introduction	p. 1
Overview	p. 1
What Is a Contract?	p. 2
Why Are Contracts Important?	p. 4
How Can Contracts Be Improved?	p. 4
Technology	p. 5
Language	p. 5
Internal Review Process	p. 6
Signature Authority	p. 6
Mind-set	p. 6
Chapter 2 Contract Language	p. 9
Introduction	p. 9
Contract-Management Software	p. 10
Integrated Library Systems	p. 13
Common Contract Clauses with Things to Consider	p. 15
Introductory Clause	p. 15
Recitals/Background	p. 16
Term (Duration/Renewal) and Termination	p. 16
Transactions	p. 19
Financial Considerations	p. 23
Pricing Models	p. 29
Conclusion	p. 40
Chapter 3 Organizing Contracts	p. 43
Introduction	p. 43
Terms Common in Library Licenses and Subscriptions	p. 43
Access and Authentication	p. 43
Accessibility	p. 44
Archiving and Preservation	p. 44
Consortia Purchases	p. 45
Copyright	p. 45
Course Packs/Electronic Reserves/Virtual Learning Environments	p. 45
Geographical/Institution/Unified Campus	p. 46
Informing Authorized Users of Limitations	p. 46
Interlibrary Loan	p. 46
Monitoring and Reporting Misuse	p. 47
Patron Record Maintenance	p. 47
Return of/Destruction of Materials	p. 47
Supplying Patron Records	p. 48
Usage Statistics	p. 48
Walk-In Users	p. 49
General Clauses	p. 49
Assignment	p. 49
Attorneys' Fees	p. 50
Automatic Renewal	p. 52
Collection Costs	p. 53
Court Costs	p. 55
Counterparts	p. 56
Dispute Resolution	p. 56
Entire Agreement (Merger or Integration)	p. 57
Exclusivity	p. 58
Force Majeure (Acts of God)	p. 60
Governing Law	p. 62
Indemnification	p. 63
Insurance	p. 65
Limitation of Action	p. 67
Liquidated Damages	p. 68
Modification Waiver (or Amendment)	p. 69
Multiple Languages	p. 70
Nonsolicitation	p. 70
Notice	p. 72
Online Terms	p. 73
Primary Vendor	p. 77
Requirements	p. 78
Severability	p. 79
Supplier Conduct	p. 79
Third-Party Beneficiary	p. 81
Termination/Cancellation	p. 81
Venue (or Jurisdiction or Forum Selection)	p. 81
Conclusion	p. 82
Chapter 4 Managing Contracts	p. 85
Introduction	p. 85
Specific Transactions and Special Topics	p. 85
Intellectual Property	p. 85
Confidentiality Agreements	p. 87
Credit and Direct Bill Applications	p. 88
Hotels	p. 89
Maintenance Agreements	p. 93
Catering	p. 93
Image Release/Property Release	p. 94
Performers, Speakers, Lecturers, and Others	p. 94
Residential Leases for the Benefit of Students or Employees	p. 96
Public Records	p. 96
Conclusion	p. 97
Chapter 5 Administering Contracts	p. 99
Introduction	p. 99
Contract Organization	p. 99
Title	p. 100
Introductory Clause	p. 100
Recitals	p. 101
Lead-in	p. 101
Body	p. 102
Signature Blocks	p. 102
Attachments	p. 102
Negotiating	p. 103
Data Entry and Software	p. 108
Exception Memos	p. 109
Terminations	p. 110
Conclusion	p. 112
Chapter 6 Conclusion	p. 115
Appendix A Contract Review Checklist	p. 117
Appendix B Model Standard Payable Contract	p. 129
Appendix C Sample Visitor Hotel Rate Agreement	p. 135
Appendix D Sample Preferred Hotel Agreement	p. 141
Appendix E Sample Master Lease for Students	p. 151
Appendix F Sample Standard Amendment	p. 161
Appendix G Sample Professional Service Contract	p. 163
Index	p. 169

Available:

Bound With These Titles

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Summary

Summary

Author Notes

Summary:

Reviews (2)

Booklist Review

Library Journal Review

Table of Contents