LICENCE AGREEMENTS FOR FOR ELECTRONIC MEDIA PRODUCTS
CAUL QUESTIONNAIRE (XNTU 2.12.96)
Updated 5 May, 1997
1. Do you have any concerns in relation to licences for electronic media products? If so, what are your principal concerns?
2. Do you seek legal advice when considering licence agreements?
3. If so, what where the principal reasons for doing this and, in general, what advice was preferred?
4. Who is responsible for signing electronic media licence contracts on behalf of your Library/Institution?
The most common position responsible for signing licence agreements is the University Librarian.
4. Liaison person
Please see liaison people on detailed summary of the questionnaire.
Institution Q1. Principal concerns Q2. Do you seek Q3. Principal reasons & Q4. Who Q5. Liaison person legal advice? advice preferred signs agreements? Australian Definition of user. No. NA Librarian. Jan Gordon Defence Access by Reader Services Force subscription/corporate clients. Librarian Academy Retention of the product. firstname.lastname@example.org Printing/downline loading from Tony Ralli product. Deputy Librarian Re-use of information. email@example.com Definition of 'single computer. Australian The ability to ensure the No. The Business Problems are referred Keith France Michael Evans National company licensing agreements Manager refers to the Vendor who is Business Head of Collection University problem asked to change the Manager Management Division agreements to the relevant clause. Michael.Evans@library.a University's nu.edu.au Legal Office. Bond Related to ability to restrict No N/A Library Di Clarke, Reference University usage within the licence Manager Librarian. agreement. While we a single Di_Clarke@bond.edu.au location issues of providing access to other university site does not arise at present, however we anticipate having to deal with this issue in the future. Central Relate to multi-campus No. NA University Graham Black Queensland situations and the facility to Librarian or Associate Librarian University include regional campuses. Associate Technical Services Librarians firstname.lastname@example.org Deakin Who can or cannot access the Yes, from the Required to have the University Gail Oswell University databases. University' Solicitor's Office Librarian Serials Librarian How the different levels of Solicitor's check any contract email@example.com access is monitored and Office. before it is signed. maintained. Advised about Maintaining authorisations of restrictions of access those who are eligible. and issues relating to Maintaining password privacy failure to follow the when a large cohort of student licence conditions. population has to be given the password. James Cook Unavoidably we are accepting No. NA The John McKinlay University conditions which we have not University University Librarian examined closely and which we Librarian do not and in some cases cannot adhere to. Trying to establish retrospectively what we have agreed to. Macquarie Relate to the interpretation of No. NA Lynne Hill, Lynne Hill, Manager, University a licence where access by Manager Reference & Research multiple users on a network is Reference & Services envisaged. Research firstname.lastname@example.org Services - covering general research & reference databases. Ian Duncan, Law Librarian - law products Relate to restrictions on who Yes, occasionally If the licence Currently Tony Arthur, Director Melbourne may have access to the database agreement appears to under Information Services University & geographical restrictions include very discussion. restrictive causes relating to intellectual property or other atypical clauses Monash The restrictive nature of some Yes. All licences This is a University The Hans Groenewegen, University of the licences with respect to are submitted for directive. It has been University's Deputy University physical location. review to the useful in drawing General Librarian. Some licences only permit University's attention to particular Manager or email@example.com access to "registered" library Contracts and difficulties that we the Deputy nash.edu.au users or "students and staff of Patents Officer might have in abiding General the University. Have in the by the terms and Manager. established complex log-in Solicitor's conditions of the procedures to deal with this. Office. licence Licences that have no retrospective validity. Northern Definition of user. No. N/A. Manager, Catherine Hunt, Territory Interpretation of a licence Library Manager, Library University where access by multiple users Purchasing Purchasing Cataloguing on a network. Cataloguing & Processing & Processing firstname.lastname@example.org. au Queensland Find some licence agreements No. Attempt to NA Electronic Sarah Fredline University overly restrictive. clarify the Information email@example.com of Concerned about licence wording of Services Technology agreements for remotely licence Librarian accessed products, particularly agreements with WWW products. vendors. Conflicting information on A copy of all licence agreements given to licence different institutions for the agreements is same product. sent to the Difficulty in obtaining University's clarification from publishers Copyright and vendors about their Officer. licences. Southern Cost related concerning the No. N/A User John Neuhaus Cross exact number of simultaneous Services User Services Manager University users required. Manager Situation on remote access by students is often unclear, difficult to negotiate or incurs an extra cost. Concern with cost structure. Small universityies often pay similar costs to a larger university for the same product. University The need for such licences to No NA Associate Margaret Small of New cover off-campus students, some Librarian Associate Librarian England licences require additional (Reader (Reader Services) payments for these users. Services) University Proliferation and variety of Yes, from the No contracts submitted Serials Bev Crane, Serials of New licences. University's for opinion yet. Librarian. Librarian. South Wales Time involved in dealing with Legal Officer. paperwork. Recent decision. How best to record and monitor licences. How to ensure compliance in the internet environment. Legal implications. University The complexity and variety of No. The problem NA Deputy Charmian Mitchell of the licences. is ensuring that University firstname.lastname@example.org Newcastle The variety of methods of the agreement is Librarian du.au controlling access. adhered to. The requirement under the copyright act that the client is made aware of the licensing/copyright of particular products - this information is not always available online. The security of passwords. Keeping the licence file up to date. University Difficulty in centralising Not usually. NA Electronic Eleanor Whelan of South their scrutiny recording & information Electronic Information Australia retention, especially on a Librarian Librarian Library multi-campus setup email@example.com u.au University Complexity of some agreements Occasionally. Where some sections of A number of John Rodwell of Sydney and the variations amongst sometime from the agreement needed staff from Information Services them, which makes within the clarification or the Librarian understanding/interpretation University and advice. University firstname.lastname@example.org. and digesting difficult, and sometimes from Where there was an Librarian to edu.au ultimately causes problems of ACLIS. agreement between Departmental compliance - including the Verbal advice partners buying the Heads. This extent that we can reasonably from vendors, product and some is an area comply. which is seen as clarification was requiring The sealed agreement, when more favourable required. clarification breaking the seal somehow than the written . constitutes consent. agreement. Some vendors seem to accept that a reasonable attempt at compliance is adequate where strict compliance would seriously jeopardise legitimate use in practice. University Not answered Not if it is a NA University Traci Rice of standard contract Librarian Acquisitions Wollongong Coordinator email@example.com Victoria Practicality of managing some Have done on To check the wording University Laura Maquignaz, University of the agreements in a multi occasion. Find where the agreement is Librarian Manager, Archives & of campus library & network that most not standard but Technical Services Technology situation. Suppliers assuming agreements are customised. Branch. University staff and student fairly similar use only, although Libraries and are in a are open to the general standard format. community and the definition of staff can be unclear.
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