Practical Negotiation for Practical Negotiation for LibrariansLibrarians

Nanette Welton, M.S., Associate Director, Health Nanette Welton, M.S., Associate Director, Health Sciences Libraries, University of WashingtonSciences Libraries, University of Washington

Law Librarians of Puget SoundProfessional Development Workshop14 May 200814 May 2008

AgendaAgenda

Librarians as negotiatorsLibrarians as negotiators– Background descriptionBackground description

Licenses – some guidelinesLicenses – some guidelines

Ten things to look for in contractsTen things to look for in contracts

Preparation for negotiationPreparation for negotiation

Sample contractsSample contracts

QuestionsQuestions

Licenses and NegotiationsLicenses and Negotiations

New roles for librariansNew roles for librarians

How it works at UWHow it works at UW

Negotiation skillsNegotiation skills

Guidelines for contractsGuidelines for contracts

Stats – each vendor is differentStats – each vendor is different– Hits are different for eachHits are different for each

Ten caution clausesTen caution clauses

Indemnification – compensation for loss or Indemnification – compensation for loss or damage. damage.

Governing law - laws that will apply if there is a Governing law - laws that will apply if there is a lawsuit and venue – where the suit is conducted.lawsuit and venue – where the suit is conducted.

Definitions or glossaryDefinitions or glossary

Access and archival rights – do you use a proxy Access and archival rights – do you use a proxy or remote access process? or remote access process?

Authorized users – defineAuthorized users – define

Ten continued…Ten continued…

Any restrictions of any kind Any restrictions of any kind

Warranties – third partyWarranties – third party

Termination or breach clauseTermination or breach clause

Arbitration – binding or non-bindingArbitration – binding or non-binding

Remember – understand each section, but Remember – understand each section, but more importantly make sure it holds more importantly make sure it holds together as a whole document. together as a whole document.

PreparationPreparation

Recognize your strengths and weaknessesRecognize your strengths and weaknessesNeeds – both vendor and libraryNeeds – both vendor and library– More than bottom lineMore than bottom line– Copyrights, ILL, document delivery, archival rightsCopyrights, ILL, document delivery, archival rights

Know your vendor Know your vendor Enter into ethical negotiationsEnter into ethical negotiationsWhat are you willing to risk?What are you willing to risk?How much time can you commit?How much time can you commit?Leave your ego at home!Leave your ego at home!

ContractsContracts

ExamplesExamples– Nature contractNature contract– NEJM contractNEJM contract

REMEMBERREMEMBER

EverythingEverything is negotiable is negotiable

Thank youThank you

Questions or Comments?Questions or Comments?