Values Driven Resource License Scarlet Galvan | Collection Strategist Librarian Grand Valley State University Libraries OpenCon Community Call, April 14, 2020

Function of a license • Permitted uses that might otherwise infringe a 3rd party’s copyrights. • Establishes roles, responsibilities, obligations and what happens when one party breaches or violates them. (Emmet, 2018) Licenses define

Resource management means understanding: Authentication Identity Software Metadata Discovery Content

This means what the library values and how the library works are defined by the license. What’s possible? What parties have which rights? How can users work with the collection? Who holds power to innovate?

What does the library value? Integrity Inquiry Inclusiveness Community Sustainability Innovation

How does licensing impact those values? • accessibility standards • alumni privileges • post-cancellation access • author rights • course packs, LMS • IR depositing • scholarly sharing • reuse of figures and tables • resource sharing • text and data mining • user privacy • advertising

Mapping terms to values License term Value Nondisclosure Agreements Integrity, Innovation, Community Accessibility Inclusiveness, Integrity, Community Modification Integrity, Community Incident Notification Innovation, Integrity, Community Audits Integrity, Inquiry

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Avenues for legitimizing • Collections management workers • Library leadership • Consortia endorsement • Peer libraries • Appeals to authority • Office of General Counsel • Faculty governance • Library advisory groups • Teaching and learning centers • Grad students, new faculty • Student services offices

Not sure how to start? • Look at successful proposals in a particular body’s approval process. • New leadership? Analyze the document structure of what they’ve worked on before, in particular anything they’ve put their names to. • MIMIC MIMIC MIMIC! Language, phrasing, format, structure.

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Assessment and impact • Still ongoing. Borrowing key performance indicators from contract law practices. • Pre and post-alignment clause inventory. What % are compliant?

Thank you! Questions? Find me at: galvansc@gvsu.edu @panoptigoth on Twitter

Resources • EDUCAUSE: Sample clauses on Notification of Security Incidents; Indemnification as a Result of a Security Breach; Data Protection After Contract Termination. • Fundamentals of Electronic Resources Management; Verminski, Blanchat. • California Digital Library resources: https://cdlib.org/services/collections/licensed/toolkit/ • Principles for Advancing Openness through Journal Negotiations: https://lib.dr.iastate.edu/cos_reports/1/

Resources • MIT Framework For Publisher Contracts: https://libraries.mit.edu/scholarly/publishing/framework/ • Barbara Fister’s LACUNY talk: http://homepages.gac.edu/~fister/LACUNY.pdf • Barron and Preater: https://repository.uwl.ac.uk/id/eprint/4512/ • Syracuse University Libraries Licensing Principles: https://surface.syr.edu/sul/189/