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Library Licensing Guide: Content Upload Software

Auditing Sheet for Content Upload Resources

Such resources as Libguides, Artstor Shared Shelf, and Refworks would fall into this category. Much of the licensing language may be nonstandard as often the "users" are different (librarians or faculty as opposed to all CUNY users); or you have to be vigilant as to what happens to the content in the event of a subscription termination. The audit sheet gives examples of some of the issues that would diverge from standard licenses. Go to the bottom of this box for a copy of this audit sheet in Word format:

Authentication

Many of these require setting up individual accounts, authentication might be different, such as use of college email address

Definition of User in Glossary of Term

This may be more restrictive, depending on the audience, e.g., walk-ins would not be creating LibGuides, nor would students 

Uses

               Interlibrary Loan -- N/A

               Scholarly Sharing -- 

This probably depends on the nature of the product, but if scholarly sharing seems appropriate some variation of the sample clause below could be used.

Sample clause:

“Transmit single journal articles and book chapters from the Subscribed Products to other authorized users and to third party colleagues for their scholarly or research use.”

               Course Packs print and electronic -- N/A

               Reserves -- N/A

               Course Management Systems -- N/A

               College Websites -- N/A

               Printing and downloading -- This may vary according to the product, but in most cases the end user should be able to print and download.

Perpetual Access Rights

N/A

Archival Access/backup copies

If you end the subscription you want to have a way to retain the content that has been uploaded.

Sample clause:

“In the event this Agreement is terminated, Licensor will make available to you a file of the Customer Data in XML format within 30 days of termination if you so request at the time of termination.”

Privacy

Sample clause:

“Licensor shall not, without the prior written consent of Customer, transfer any personal information of any Authorized Users to any non-affiliated third party or use it for any purpose except as is necessary to perform the Services in compliance with applicable laws and regulations, including the Family Educational Rights and Privacy Act ("FERPA").”

Quality of Service

Sample clause:

 “Licensor shall use reasonable efforts to provide continuous service twenty-four (24) hours a day, seven (7) days a week. Scheduled downtime will be performed at a time to minimize inconvenience to Licensee and its Authorized Users. Licensor shall notify Licensee in a timely manner of all instances of system unavailability that occur outside the Licensor's normal maintenance window and use reasonable efforts to provide advance notice of hardware or software changes that may affect system performance.”

 

Copyright

You want to make sure that the user retains rights to his/her own content and the same for any other content owner.

Sample clause:

“Title and related rights in the content accessed through the Software is the property of the applicable content owner and may be protected by applicable law.”

Or

"Nothing in this License shall in any way exclude, modify, or affect any of licensee's rights under national copyright law"

Data Mining

If data mining seems like a possibility with one of these products the clause below could be of use.

Sample clause:

"Authorized Users may use the Licensed Materials to perform and engage in text and/or data mining activities for academic research, scholarship, and other educational purposes, utilize and share the results of text and/or data mining in their scholarly work, and make the results available for use by others, so long as the purpose is not to create a product for use by third parties that would substitute for the Licensed Materials. Licensor will cooperate with Licensee and Authorized Users as reasonably necessary in making the Licensed Materials available in a manner and form most useful to the Authorized User. If Licensee or Authorized Users request the Licensor to deliver or otherwise prepare copies of the Licensed Materials for text and data mining purposes, any fees charged by Licensor shall be solely for preparing and delivering such copies on a time and materials basis."

Accessibility

Sample clause:

“Licensor shall comply with the Americans with Disabilities Act (ADA), by supporting assistive software or devices such as large-print interfaces, text-to-speech output, refreshable braille displays, voice-activated input, and alternate keyboard or pointer interfaces in a manner consistent with the Web Content Accessibility Guidelines published by the World Wide Web Consortium’s Web Accessibility Initiative. Licensor shall provide Licensee current completed Voluntary Product Accessibility Template (VPAT) to detail compliance with the federal Section 508 standards. In the event that the Licensed Materials are not Accessibility compliant, the Licensee may demand that the Licensor promptly make modifications that will make the Licensed Materials Accessibility compliant; in addition, in such an event, the Licensee shall have right to modify or copy the Licensed Materials in order to make it useable for Authorized Users.” 

Usage Statistics

It is unlikely that statistics would be COUNTER compliant, but some appropriate form of usage statistics should be made available.

Sample clause:

“Licensor shall collect data on usage of the content and process these according to applicable privacy and data protection laws (the "Usage Data"). The Usage Data will be made available for download by licensee through a secure network.”

Content Upload Software Audit Sheet Word Document