Tufts University - Policy on Licensing of Electronic Content Resources

Drafted by the University Library Council - October 5, 1998

General Statement
The license agreements for electronic content are a fact of life in an electronic environment. Many units within the University sign license agreements for access to electronic content. The libraries lead the University in this activity as one of their primary roles is the purchasing or licensing of electronic content resources to support Tufts University's mission of teaching, learning and research. As responsible agents for Tufts, the librarians negotiate licenses that address the institution's needs and recognize its obligations to the licensor. As such, the librarians provide a licensing consulting service to other University units who are licensing content resources whose annual licensing fees exceed $5000.

In order to leverage the financial investment and assure University-wide access and support, the initial procurement process for electronic resources, as defined in this policy, is facilitated by a team of staff from the libraries and the requesting unit. One or several of the libraries may offer to assume the licensing of the resource if it is appropriate for the library collections. The libraries will also serve as a clearinghouse to ensure that the resource is not already available to the Tufts community.

Definition of Electronic Content Resources
An electronic content resource is defined as any publication, database, indexing source, or service made available over the Internet, on CD-ROM, on tape or on any other electronic medium. For the purposes of this policy it includes only those resources whose annual license fee equals or exceeds $5000. It does not include the purchase or site licensing of software to be run on PCs, Macs or time-sharing computers. Individuals should contact Tufts Computing and Communications Services (TCCS) for information about site licensing of software.

Review Process
The libraries will serve as a clearinghouse and resource for the licensing of electronic content resources. A review will be conducted with the sponsoring unit based on the following premises:

• One of the library's primary roles is to review electronic databases for licensing decision
• Monitoring is done by the library to ensure the database is available according to the license agreement
• A single license is negotiated for the entire University
• The resource is properly evaluated for content appropriateness which may include comparison with similar resources already licensed as well as monitoring when deselection is appropriate as other databases become available
• The resource is not already available or being negotiated via consortia arrangements such as with the Boston Library Consortium
• The license agreement sets terms that will best serve the community whether they are on or off campus
• The best price is negotiated
• University Counsel will be consulted whenever necessary
• The resource is evaluated for systems compatibility

Licensing Process
Any University unit outside of the libraries wishing to license or purchase an electronic resource will contact the chair of the ULC Collections and Licensing Committee to evaluate the resource as a possible purchase within the library. The process includes:

1) Review of the resource with the appointed library staff.

2) Determination of who will pay for the resource, a library or the sponsoring units.

3) If it is determined the resource should be licensed by the sponsoring unit, the review team will review the terms of the license, and negotiate new terms if needed. University Counsel may be required in unusual situations.

4) Sponsoring unit signs the negotiated license, sets up the ongoing subscription, and pays for the subscription.

5) To provide off campus access to the Tufts community, request proxy service for the resource through the University Library Technology Services Office (ULTS). ULTS will maintain a central listing on Tufts' homepage of all electronic databases Tufts subscribes to or licenses.

Implementation Plan
The libraries will work with Purchasing and TCCS to communicate this new policy to the Tufts community. Strategies for implementing the new policy include:

• A cover letter will be sent out to all department heads, managers, and faculty with a copy of the policy.
• An announcement about the new University proxy services and a request for a list of existing resources that are currently inaccessible from off campus. This would be mailed with the cover letter about the new policy.
• Involve Purchasing to notify the Chair of the Collections & Licensing Committee of the libraries when new contracts are received that exceed $5000.
• Establish a Web page with guidelines and checklists for licensing content resources. Publicize this resource in the policy announcement and provide links from a variety of places on the Tufts Web site.