June Book Reviews | 1 - 2 - 3 - 4 - 5 - 6

Harris, Lesley Ellen. Licensing Digital Content: A Practical Guide for Librarians. Chicago: American Library Association. 2002. 137 p. $45.00. [ISBN 083890815-2]

The necessity to negotiate licenses for access to digital content is a relatively new phenomenon in the library world, compared to the centuries-old practice of purchasing physical materials and putting them on the shelves. The precise extent of the item being procured is far more complex: access for what content, for whom, for how long, and by what means? In addition, the growing demand for online access, and the costs related to such access, put significant pressure on librarians to learn how to obtain the most advantageous licensing agreements possible.

Fortunately, the American Library Association has just released an excellent new resource in this area: Licensing Digital Content by Canadian attorney Lesley Ellen Harris. The global nature of the digital content arena makes her familiarity with areas outside U.S. law a particular bonus, and the constructive, practical tone of her advice will encourage as well as inform the librarian venturing into this new sphere of activity.

Key chapters of the book discuss model licensing agreements and how they can be useful; definitions of terms and concepts commonly found in licensing agreements; licensing issues for digital content; and explanations of standard provisions covered in all types of contracts. There is also an informative chapter on the basics of negotiating -- which Harris, in her characteristically positive way, describes as a process of "discussing what makes sense to both parties and finding a compromise to satisfy both... a win-win situation."

In particular, Harris gives detailed attention to issues that have special significance to the licensing of digital content. It is critical for a library to ensure that licenses clearly define exactly what rights are being granted (what material; whether it may be stored, printed, downloaded, etc.); what uses are authorized (personal, scholarly, e-reserves); what the content provider's obligations are for technical support, updating, and so on; and what the library's obligations are, especially with regard to monitoring use (Harris advises great caution in this area.) It may also be very helpful during price negotiations to inquire how an offered price was determined: it may include options that the library can live without.

A final benefit of reading Harris's book may simply be the greater awareness of one's options with regard to licensing. Publishers and content providers may offer standard or pre-written agreements that appear to be non-negotiable: a 'take it or leave it' situation. If the content is unique and important to users, the library staff may feel trapped between two bad alternatives: no access to needed content, or living with a license that doesn't actually meet the library's needs. In fact, while the standard agreement may be more convenient for the vendor, s/he may very well be receptive to negotiating a customized agreement in order to gain a new customer. As Harris notes, "If you cannot obtain the access you need for your patrons, then the electronic product loses much of its value to you."

This clear, concise guide is an excellent introduction to the brave new world of digital content licensing.

Reviewed by Ruth Ann Jones, Digital Projects Manager, Michigan State University Libraries, jonesr@mail.lib.msu.edu

previous | 1 - 2 - 3 - 4 - 5 - 6 | next

you are: contents > Book Reviews (top)