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MEDLIB-L  April 2001, Week 1

MEDLIB-L April 2001, Week 1

Subject:

Re: Cochrane Library License Problem

From:

"Esparza, Julia" <[log in to unmask]>

Reply-To:

Esparza, Julia

Date:

Mon, 2 Apr 2001 12:28:24 -0400

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (114 lines)

I have just read the license that Charles Greenberg from Yale brought to my
attention.   I've just joined Medlib-L because of this message and the
issue.  I'm glad to see some discussion and response to these non-negotiable
licenses.  This message is long and is a rant of a sort but I hope it is
helpful in some way.  I have several points that I wish to make.

In the book Interpreting and Negotiating Licensing Agreements  on page 77
[anyone dealing with license agreements should get this book ISBN
1-55570-324-0] by Arlene Bielefield and Lawrence Cheeseman the authors
caution that an indemnification clause is:

        "... an example of a clause that a licensee [the library or
institution] does not want.

        Don't expect the licensor to accept unlimited liability, but do
expect some acceptance of liability.  A clause that limits damages by type
and amount can be acceptable."

        If the licensor is an aggregator (offering the products of more than
one publisher), the clause may be written to protect both the aggregator and
database providers (licensor and publishers.)"

Basically if you are a public institution and someone walks into your
library and uses Cochrane for research and then harms someone or flunks a
class they (the user) could try to recoup damages directly from you.  This
could be bad.  However, if you can have a screen come up before they access
Cochrane displaying your own license agreement with they then you maybe able
to provide the information and have no reason for liability.  We are a
private non-profit research institution our searchers are always aware that
the information in any database can be flawed.  Now we will need to be more
aware of it.  Since Cochrane is acting as an aggregator of information more
and more [NHS Economic Evaluation Database (NHS EED) with this most recent
release] they need to protect themselves because they didn't create the
data.

The most significant problem with the new license is that if Update Software
wants to sue you over your institutions use of the Cochrane Library you will
have to defend in the UK.  This can cost thousands and can easily be a
reason any institution open to the public may want remove access for users.


It seems like as librarians we are becoming shackled by information
providers who want to hand out data but not be responsible for the quality
of it or if it comes packaged with unusable software or a virus.

With all of the purchases of small publishers and information providers into
mega publishers (Thompson and Harcourt Health) we as librarians are facing
the worst time for purchasing materials.  We do though have a great deal of
power in purchasing.   Many of these publishers assume that we will continue
to purchase journals and pay extra for online access.  I know that large
institutions can afford to purchase OVID and other services.  Or at least
are forced to by their faculty and students in order to survive.  However,
here at ECRI we are making the specific decision to deselect journals that
are requiring us to purchase additional online access to make a journal
available online.  Publishers who are providing the online access for free
with the journal are becoming our mainstays.

I think as librarians many of us have felt that we have no control over what
we can chose for our libraries.  Our patrons need it so we have to have it.
Well I have been doing my best over the last year to educate our staff.  We
pay atrocious amounts for Institutional subscriptions for journals that our
staff "needs."  When they ask me why we can't have it in electronic format I
tell them the truth the publisher claims the society won't let them provide
online access for the journal unless we pay $500 to $600 additional to the
already outrageous Institutional rate.  Or the society says only their
members can have electronic access.  I believe that the societies and
publishers are milking libraries for everything they can and we are paying
it.  As a small institution I can say that we are going to stop.  Other
small institutions can do the same.  Publishers are going to have to deal
with the fact that a small library not in a huge consortium doesn't have the
money.

Before someone jumps on my back that ECRI is just as bad as those other
publishers I will say this.  ECRI funds itself almost entirely by our
publications.  We spend a lot of money paying engineers to do evaluations
that other organizations won't touch.  Yes, our products cost a lot but the
library can distribute a journal through out their local facility.  Yes we
say no Interlibrary Loans for Health Devices but guess what the big
evaluations are sometimes 35 pages or more long.  That is 75% of the
journal.  That is simply a violation of fair use right there.   Lots of time
and money went into doing that evaluation.  Unlike other societies and
publishers who take funding from pharmaceutical companies or medical device
manufacturers we don't.  This means we give independent information and
evaluation.   We struggle each year to avoid being swallowed up by the big
publishers our Board of Directors is behind ECRI staying independent because
we are one of the few.   We do our best with every product to make sure the
information that goes out is the best.

I guess I've ranted enough.  The licensing problems we are all facing just
make me want to stand up like Norma Rae.

I hope other librarians feel the same because maybe in some way we can make
a difference.

If anyone would like to discuss any of these issues with me please email me
directly since I'm not on Medlib-L.   I appreciate your time.  Hopefully
some of you can talk about this at MLA in Orlando.  I can't go this year to
tell the publishers we are NOT going to pay huge prices for online access
but maybe a few of you can.  Also stop by the publishers or societies who
are giving access for free through sites like Catchword.  Tell them they are
doing what the industry needs and we support them for it.

Julie Esparza


Julie Esparza
ECRI - a non profit health services research institute
Library
5200 Butler Pike
Plymouth Meeting, PA 19462-1298
610.825.6000 Ext. 5184 Voice
610.834.7366 Fax
http://www.ecri.org

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December 2000, Week 5
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December 1999, Week 5
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December 1998, Week 5
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January 1998, Week 5
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January 1998, Week 3
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December 1997, Week 5
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December 1995, Week 5
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