land of confusion: ebooks license negotiation demystified

Land of Confusion:eBooks’ License Negotiation Demystified

Un monde de confusion:démystifier le processus de négociationdes licences pour les livres numériques

CALL/ACBD 2013 Conference

8 May 2013

Bess ReynoldsTechnical Services ManagerDebevoise & Plimpton LLP

What is an e-Book?

Presented by Bess Reynolds

e-book, n.Pronunciation: Brit. /ˈiːbʊk/ , U.S. /ˈiˌbʊk/ Forms: 19– E-book, 19– e-book, 19– eBook, 19–

ebook.Etymology: < e- comb. form+ book n.

A hand-held electronic device on which the text ofa book can be read. Also: a book whose text isavailable in an electronic format for reading onsuch a device or on a computer screen; (occas.) abook whose text is available only or primarily onthe Internet.

Source: Oxford English Dictionary online

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Law Firms Are Different

Presented by Bess Reynolds

Primarily dealing with a few vendors Top 5 vendors = 70% of annual budget

Library collection vs. “desk book” Great need for ancillary titles on an

occasional basis Business Financial Medical/Scientific Historical legal information

My firm borrowed 424 books via ILL last year

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A Loose-leaf

Presented by Bess Reynolds4

And in eBook Format

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Original eBook Model

Presented by Bess Reynolds

One book

One device

One reader

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eBooks with DRM

Presented by Bess Reynolds7

Three Vendors in Trial

Presented by Bess Reynolds

LexisNexis

Purchase from the Lexis store or

Contract with Overdrive

Thomson West

7 steps to use Proview

Some older titles via Amazon for Kindle

Wolters Kluwer

WK eReader is still under construction –

They’ve gone back to the drawing board

Some titles available via Amazon or International

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Thomson Proview Platform

Presented by Bess Reynolds9

Thomson Proview Sample Title

Presented by Bess Reynolds10

Lexis Digital Library

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Lexis eBook

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Legal Vendors’ Market Shares

Of those law libraries that boughteBooks:

46% bought from LexisNexis

23% bought from ThomsonReuters

15% bought from Wolters Kluwer

Presented by Bess Reynolds13

Presented by Bess Reynolds

Print is Not Dead*

Of 125 law firm libraries:

– 45% will provide eBooks in 2013

– 29% purchased eBooks in 2012

– 40% have tested eBooks from legalpublishers

*Based on a survey of law firm librarians I conducted in April 2013 forpresentation at the CALL 2013 Annual Meeting.

Complete results here: http://tinyurl.com/cxew43m

Duplicate responses were discarded.

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IN CASE YOU MISSED THAT:

Presented by Bess Reynolds15

Presented by Bess Reynolds16

Survey of Law Firms

Presented by Bess Reynolds17

Why do we need a single silo?

Presented by Bess Reynolds

Cartoon by Bess Reynolds

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ILS Vendors’ Share of Law Library Market5 Vendors Represent 85%*

*After SydneyPlus acquisition of Inmagic99 of 125 libraries in the survey use an integrated library system

Some Questions about an eBook License:

Presented by Bess Reynolds20

Do you have perpetual or limited access? What is the time period of the license? For multi-year licenses can you swap titles? What are the terms of renewal? – automatic

renewal should not be assumed Is there a library management tool? What is authorized usage & does it include?: Printing Copying ILLs

More Questions about an eBook License:

Presented by Bess Reynolds21

How are resources discovered, are MARC records ormetadata available?

Are you required to use proprietary software orplatform to access?

Are you allowed to archive a copy if you own theresource?

Usage statistics – How are they captured? What are the terms for dispute resolution?

See: “Principles for licensing electronic resources.” American Association of Law Libraries.Web viewed 16 April 2013. <http://www.aallnet.org/main-menu/Advocacy/recommendedguidelines/licensing-electronic-resources.html>

Just in Time Not Just in Case

Presented by Bess Reynolds

Access not ownership

Partnering with New York Law Instituteto provide seamless access to anenhanced collection including 54,000+eBooks

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Law Librarian Manifesto

Presented by Bess Reynolds

Libraries should own the eBooks they purchase

Vendors should recognize the role that librariansplay in collection development, acquisitions &distribution

Vendors should work to simplify the procedures forobtaining and managing eBooks

Legal publishers should work with ILS vendors tomake the eBooks available directly in the OPAC,eliminating the need for multiple silos of discovery

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SURVEY DETAILS

Presented by Bess Reynolds

More survey results can be found here:

http://tinyurl.com/cxew43m

Survey was conducted in April 2013

Librarians from 125 law firms andprivate law libraries participated

Some librarians did not answer allquestions

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Selected Resources

Presented by Bess Reynolds

“An open letter about ebooks and Douglas County Libraries.” Douglas County Libraries. Web. 24Jan. 2013 <http://douglascountylibraries.org/content/ebooks-and-DCL>

Comparison of e-book formats. Wikipedia. Web accessed 1/24/2013:<http://en.wikipedia.org/wiki/Comparison_of_e-book_formats>

Kelly, Michael. "Top Ebook Distributors, ILS Vendors to Have Sitdown With ReadersFirst LibraryCoalition." The Digital Shift. 3 Jan 2013. The Library Journal. 24 Jan 2013.<http://tinyurl.com/b94nvuv>.

O’Grady, Jean. “Checklist for the negotiation of Internet subscriptions.” American Association of LawLibraries. Updated Spring 2011. Web accessed 26 April 2013. <http://www.aallnet.org/main-menu/Advocacy/vendorrelations/CRIV-Tools/negotiate.html>

“Principles for licensing electronic resources.” American Association of Law Libraries. Web viewed 16April 2013. http://www.aallnet.org/main-menu/Advocacy/recommendedguidelines/licensing-electronic-resources.html

“Procurement Toolkit and Code of Best Practices for Licensing Electronic Resources.” AmericanAssociation of Law Libraries, April 2013. <http://www.aallnet.org/main-menu/Advocacy/vendorrelations/docs/procurement-toolkit.html>

Reynolds, Bess. “The Challenges of e-books in Law Firm Libraries.” The New Librarian, AALL-ILTAWhite Paper: <http://read.uberflip.com/i/87421/64>

Thomson Reuters Proview License:<http://thomsonreuters.com/proview/en/lic_agreement/lic_agreement_all/>

Various articles about Douglas County Libraries. Evoke. 24 Jan. 2013. <http://evoke.cvlsites.org/>

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Presented by Bess Reynolds

Thank You

Contact me:

breynolds@debevoise.com

Follow me on Twitter:@bibliobess(Personal tweets, my opinions, not related to my POW)

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