2022-12-05 Meeting notes

Owned by
Stacy Magedanz
, created
Dec 05, 2022
4 min read

 Date

Dec 5, 2022

 Participants

  • Chris Bulock, David Gibbs, Stacy Magedanz, Ann Roll, Holly Yu, Ashley Wilson.

 Discussion topics

Prioritizing contract provisions – which ones are deal breakers and which ones are good but not required?

Deal-Breakers

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.

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.

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.” Existing CSU language as follows:

  1. Availability of Funds
    The availability of funds for this Agreement is contingent upon the approval by the Legislature and Governor of necessary funding of the current fiscal year state budget. In the event payment is delayed due to lack of funding, late payment charges shall not accrue.

  • Should the CSU’s funding be reduced subsequent to the execution of this Agreement, this Agreement may be terminated or amended to reflect any reduction in funds. In the event payment has been made at the time of termination or amendment, Contractor will refund the CSU the prorated amount of the agreement.

Usage Statistics

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

User data privacy

Standard terms are required at the system level that relate to privacy. However, our discussion of personally identifiable information is probably more comprehensive, and of not monetizing user data or advertising to users. The legal language currently:

  • Privacy of Personal Information
    Contractor expressly acknowledges the privacy rights of individuals to their personal information that are expressed in the State’s Information Practices Act (California Civil Code Section 1798 et seq.) and in California Constitution Article 1, Section 1. Contractor shall maintain the privacy of personal information. Contractor shall not release personal information contained in CSU records without full compliance with applicable state and federal privacy laws.

  • Contractor further, acknowledges Federal privacy laws such as Gramm-Leach-Bliley Act (Title 15, United States Code, Sections 6801(b) and 6805(b)(2)) applicable to financial transactions and Family Educational Rights and Privacy Act (Title 20, United States Code, Section 1232g) applicable to student records and information from student records. Contractor shall maintain the privacy of protected personal information and shall be financially responsible, if and to the extent that any security breach relating to protected personal information results from acts or omissions of Contractor, or its personnel, for any notifications to affected persons (after prompt consultation with CSU), and to the extent requested by CSU, administratively responsible for such notification.

  • Confidentiality of Data
    All financial, statistical, personal, technical and other data and information relating to CSU's operation which are designated confidential by the CSU and not otherwise subject to disclosure under the California Public Records Act, and made available to the Contractor in order to carry out this Contract, or which become available to the Contractor in carrying out this Contract, shall be protected by the Contractor using the same level of care in preventing unauthorized disclosure or use of the confidential information that it takes to protects its own information of a similar nature, but in no event less than reasonable care. The Contractor shall not be required under the provisions of this clause to keep confidential any data or information that is or becomes publicly available, is already rightfully in the Contractor's possession, is independently developed by the Contractor outside the scope of this Contract, or is rightfully obtained from third parties.

Important but not deal breaking

ILL provisions

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

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. (Probably applies only to text-based materials, and only direct from publishers, not aggregators.)

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.

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?)

Training

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

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?

 

Looking at the existing CSU Data Services contract, only 3 provisions exist already: Financial Exigency, Accessiblity, Data Privacy.

 Action items

Next steps:

Look at our model contract language examples to suggest provisions for inclusion (or change to existing language). We do not want to change the template for all CSU data acquistions, just add qualifications addressing online library subscriptions.

Ann will inquire about what approach would be most useful from Academic Technology’s perspective.

Stacy will reschedule to January meeting, which falls on a holiday.