A license is an agreement that is negotiated by two or more parties. Typically for libraries, the negotiated license agreement is a contract between the Licensee (the Library or institution) and the Licensor (the vendor/content provider of the electronic resource or tool) and regulates the use of e-resources and systems utilized by libraries for managing collections or serving patrons. The agreement outlines the terms and conditions for the Licensee and its Authorized Users ( i.e. current students, faculty and staff).
Most license agreements involve some form of compensation. The Licensee pays for the rights to use the content, not the ownership of the intellectual property or the software needed to access the content.
Pratt Institute Libraries negotiate licenses to provide its community with access to a variety of content including databases, journals, resources for course reserves, streaming videos, ebooks, and more. The Libraries negotiate with vendors, publishers, and content providers on pricing and equitable license terms to ensure that these online resources and tools are accessible for users.
This section provides an overview of some of the terms found in license agreements that Pratt Institute's Library negotiates.
Pratt Institute Libraries is committed to providing equitable access to people with disabilities. For more information about how the Libraries support accessibility at Pratt, please visit this dedicated research guide. In keeping in line with these efforts, it is important that our license agreements with vendors reflect our goals to keep our e-resources and web presence usable for all types of users.
Here’s some sample contract language that addresses accessibility:
“Licensor warrants that the Licensed Materials comply with California and federal disabilities laws and regulations, and conform to the accessibility requirements of Web Accessibility Initiative, Web Content Accessibility Guidelines (WCAG) 2.1 at level AA. Licensor agrees to promptly respond to and resolve any complaint regarding accessibility of Licensed Materials.”
In keeping with its Commitment to Privacy Pratt Libraries seeks licenses that protect its users and maintains confidentiality. Under the Family Educational Rights and Privacy Act (FERPA), libraries associated with educational institutes must contract with or include within their contact protections for their user’s privacy and data.FERPA also prohibits vendors from using data on library users' research activities for surveillance purposes. More information regarding this can be found here.
Here’s a sample clause on data collecting from a generic license agreement:
"Licensor will not incorporate data from authorized use of resources licensed under this agreement in products sold to third parties, including governments, to facilitate surveillance, “threat assessment,” or for any other purpose. No raw usage data or personally identifiable information, (i.e., logins recorded in system logs, IP addresses of patrons accessing the system, saved searches, usernames and passwords), will be shared with third parties, except in response to a subpoena, court order, or other legal requirement. If Licensor is compelled by law to disclose personally identifiable information of Authorized Users or patterns of use, Licensor shall provide the Licensee with adequate prior written notice as soon as is practicable, so that Licensee or Authorized Users may seek protective orders or other remedies. Licensor will notify Licensee and Authorized Users as soon as is practicable if the Licensor’s systems are breached and the confidentiality of personally identifiable information is compromised. The Licensor’s obligations under this clause will survive the expiration or other termination of this agreement."
Interlibrary Loan (commonly known as ILL) and Document Delivery services like Request a PDF. are popular services for supporting the research needs of our patrons. Lending e-resources to other libraries can be complex. Vendors impose a wide range of restrictions, some allow all content to be loaned, others permit use only for educational purposes, and some do not allow any e-resource ILL at all.