2022-11-07 Meeting Notes

Owned by Stacy Magedanz, created
Last updated: Dec 05, 2022
3 min read

 Date

Nov 7, 2022

 Participants

  • Chris Bulock, Stacy Magedanz, Ann Roll, Ashley Wilson, George Wrenn, Holly Yu.

 Discussion topics

Based on the group’s prior review of model contract language, we noted the following categories reappearing:

Accessibility Compliance

Compliance with ADA and AIWCAG most current version, at least AA level; easy availability of VPATs updated annually. If areas of non-compliance are noted, a timeline for compliance must be included.

Authentication Methods

Compatible with what methods? Proxying, IP address recognition, Single-Sign On/Shibboleth? Provider “shall not require the use of an authentication system that creates an unnecessary barrier to authorized access by users.” G. Gardner had raised concerns about “Seamless Access” provisions. Suggestion: Provide multiple authentication methods to support access to full-text content including IP range authentication, and federated authentication (Shibboleth, SAML/Azure, OpenAthens)

Authors’ Rights to Use Their Own Work

Licensee’s authors retain royalty-free right to use their content for scholarly or educational use, including deposit in institutional repositories. (Probably a heavy lift for the CSU? Might require a systemwide statement of policy first.)

Click-Through Licenses

Should not be required for basic use of materials. If required, click-through licenses shall not impose conditions beyond those specified in the main contract.

Course Packs and Course Reserves

Permits use of reasonable portions of materials for course instruction.

Data Mining

Authorized users may engage in text/data mining for scholarly research purposes, not for resale. Licensor provides licensee copies of material in a minable form upon request, within reasonable limits.

Discovery

Licensed Materials available through the Library’s Discovery Service Systems for indexing & discovery purposes. (At least, if text based; books/articles/etc. May not be applicable to data, music, statistics, other formats.)

Fiscal Exigency (budget shortfall)

Agreement may be terminated “if sufficient funds are not made available by their respective state legislatures or institutional budget processes for the purpose of this program.”

ILL provisions

ILL permitted as consistent with Sections 107 & 108 of U.S. Copyright Act. Avoid naming of special software and CONTU guidelines. (Again, probably applies only to text-based materials.)

Open Access

If open access is an option: Licensor agrees to notify Licensee annually about number of OA articles published by Licensee’s authors. Good faith discussions regarding offset of OA publishing fees. (E.g., avoiding double payment for things that are free?)

Post cancellation rights 

Provision for retention of materials paid for during the contract period if the subscription ends. Access should be provided without extra charges, through 3rd-party services if necessary. (Again, probably only applies to journal-type content, and only direct from publishers, not aggregators.)

Linking – OpenURL & Persistent

Complies with the most current version of the OpenURL standard and will provide a mechanism for persistent links to content and allow for third party link checking mechanisms to be used.

Training

Reasonable training provided at no additional charge; maintain appropriate user documentation.

Usage Statistics

Must be available and in a standard format (latest COUNTER compliant). SUSHI harvesting is desirable. (Anonymized.)

User data privacy

This is a big one; includes confidentiality of personal information (usernames/passwords; IP addresses; saved searches) and of any information that links particular search patterns to an identifiable individual (i.e. anonymizing use patterns and statistics). May also include not monetizing user behavior by tracking and reselling to 3rd parties.

SPARC is starting a Privacy & Surveillance Community of Practice to work on model contract language.

Related: “Advertisements. In promoting the Internet Site, Licensor shall not engage in marketing the content of the site itself or any other internet site or product to licensee’s “users” for the purpose of profit, and avoid any advertising to suggest Licensor endorses the goods or services of a third party or that a third party endorses the goods or services of the Licensor.”

 

Not included in this list:

Loss of content, notification periods? Limitations on loss of content?

Platform migration, timely notification periods, e.g. at least 90 days?

 

 Action items

Next step:

Prioritize. Which, if any, are deal breakers?