Council of Australian University Librarians (CAUL)



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                                 

Australian   Definition of user.              No.                NA                       Librarian.    Jan Gordon              
Defence      Access by                                                                                  Reader Services         
Force        subscription/corporate clients.                                                            Librarian               
Academy      Retention of the product.                                                             
             Printing/downline loading from                                                             Tony Ralli              
             product.                                                                                   Deputy Librarian        
             Re-use of information.                                                                 
             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 
                                              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                                                        
             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                                                                                        

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      

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                
             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                                                                                     

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 
                                                                                          Services -                            
                                                                                          research &                            
                                                                                          Ian Duncan,                           
                                                                                          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                                              

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 
             access to "registered" library   Contracts and      difficulties that we     the Deputy             
             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 

Queensland   Find some licence agreements     No. Attempt to     NA                       Electronic    Sarah Fredline          
University   overly restrictive.              clarify the                                 Information   
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.                                                                          

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                                                                                            

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                                                                                     
             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    ulcem@dewey.newcastle.e 
Newcastle    The variety of methods of        the agreement is                            Librarian                   
             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                                                                                     

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                                                                         eleanor.whelan@unisa.ed 

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    j.rodwell@library.usyd. 
             and digesting difficult, and     sometimes from     Where there was an       Librarian to                  
             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                                                                  
                                              attempt at                                                                        
                                              compliance is                                                                     
                                              adequate where                                                                    
                                              strict compliance                                                                 
                                              would seriously                                                                   
                                              legitimate use in                                                                 

University   Not answered                     Not if it is a     NA                       University    Traci Rice              
of                                            standard contract                           Librarian     Acquisitions            
Wollongong                                                                                              Coordinator             

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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