Library Licensing

Corey Halaychik currently serves as head of content management at the University of Texas at Austin Libraries. He is the co-founder and co-director of The Library Collective. Blake Reagan earned a BA and JD from The University of Tennessee at Knoxville. He is currently the director of procurement services for The University of Tennessee System.

• Chapter 1 IntroductionOverviewWhat Is a Contract?Why Are Contracts Important?How Can Contracts Be Improved?TechnologyLanguageInternal Review ProcessSignature AuthorityMind-setChapter 2 Contract LanguageIntroductionContract-Management SoftwareIntegrated Library SystemsCommon Contract Clauses with Things to ConsiderIntroductory ClauseRecitals/BackgroundTerm (Duration/Renewal) and TerminationTransactionsFinancial ConsiderationsPricing ModelsConclusionChapter 3 Organizing ContractsIntroductionTerms Common in Library Licenses and SubscriptionsAccess and AuthenticationAccessibilityArchiving and PreservationConsortia PurchasesCopyrightCourse Packs/Electronic Reserves/Virtual Learning EnvironmentsGeographical/Institution/Unified CampusInforming Authorized Users of LimitationsInterlibrary LoanMonitoring and Reporting MisusePatron Record MaintenanceReturn of/Destruction of MaterialsSupplying Patron RecordsUsage StatisticsWalk-In UsersGeneral ClausesAssignmentAttorneys' FeesAutomatic RenewalCollection CostsCourt CostsCounterpartsDispute ResolutionEntire Agreement (Merger or Integration)ExclusivityForce Majeure (Acts of God)Governing LawIndemnificationInsuranceLimitation of ActionLiquidated DamagesModification Waiver (or Amendment)Multiple LanguagesNonsolicitationNoticeOnline TermsPrimary VendorRequirementsSeverabilitySupplier ConductThird-Party BeneficiaryTermination/CancellationVenue (or Jurisdiction or Forum Selection)ConclusionChapter 4 Managing ContractsIntroductionSpecific Transactions and Special TopicsIntellectual PropertyConfidentiality AgreementsCredit and Direct Bill ApplicationsHotelsMaintenance AgreementsCateringImage Release/Property ReleasePerformers, Speakers, Lecturers, and OthersResidential Leases for the Benefit of Students or EmployeesPublic RecordsConclusionChapter 5 Administering ContractsIntroductionContract OrganizationTitleIntroductory ClauseRecitalsLead-inBodySignature BlocksAttachmentsNegotiatingData Entry and SoftwareException MemosTerminationsConclusionChapter 6 ConclusionAppendix A: Contract Review ChecklistAppendix B: Model Standard Payable ContractAppendix C: Sample Visitor Hotel Rate AgreementAppendix D: Sample Preferred Hotel AgreementAppendix E: Sample Master Lease for StudentsAppendix F: Sample Standard AmendmentAppendix G: Sample Professional Service ContractIndex

This is a solid guide for understanding, creating, and managing licensing agreements. Even readers with little experience will gain confidence and be able to approach contract negotiations from a position of knowledge and strength. Library professionals without ready access to legal advisers will refer to this work time and again.