Archive for the 'Licenses' Category

Negotiating for e-ILL Rights

While some vendors prohibit fulfilling Interlibrary Loan requests with electronic content, others permit it as long as you print a paper copy of the article first, but then you can scan the article to fulfill the request electronically. Going from electronic to paper to electronic is rather impractical.

Here are two clauses that I’ve used to negotiate rights to fulfill interlibrary loan requests electronically, no paper needed:

  1. It is understood that Licensee may wish to use [database name] for the purpose of fulfilling Interlibrary Loan requests. Licensee may use articles from [database] for Interlibrary Loan in accordance with the Copyright Act of the U.S. Transmission of printed or electronic articles through post or fax, or secure, self-deleting electronic transmission, such as Ariel or its equivalent, may be used in Interlibrary Loan.
  2. The Licensee’s library staff may supply to an authorized user of another library (whether by post, fax or secure transmission, using Ariel or its equivalent, whereby the electronic file is deleted immediately after printing), for the purposes of research or private study, a copy of an electronic original of an individual document.

I did not write these clauses from scratch, but instead stitched them together from existing licenses and the second example includes elements repeatedly retrieved via Google.

I’ve worked with some vendors who will not budge on their existing, unfriendly ILL clauses, others counter-offer with e-ILL friendly language of their own, and some just say “okay!”

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When the Price is Wrong

Perhaps it is because my time as an e-resources librarian is fairly short or maybe I just need to get out more, but I’ve been surprised by the number of times I’ve heard about the lack of price negotiations for e-resources.

In the interest of full disclosure, I am hardly an expert at license or price negotiations. However, I do believe that negotiations can be beneficial. Three years ago, I was able to negotiate renewal prices for three different databases so that we saved nearly $6,000 compared to what vendors initially quoted for these renewals. (I realize that this amount’s significance varies significantly depending on the size of your institution and budget.)

Yes, it took time, yes it was frustrating, but in the end, due to flat budgets, that $6,000 allowed us to keep some of the smaller databases and cancel less the following fiscal years. Incidentally, I negotiated with only three vendors, since, as a department of one, I do not have the time/staff to negotiate all subscriptions. Typically, negotiations are started because a price is extremely high, the renewal rate is high, or there are other reasons to argue for a lower price or better licensing terms.

Tactics that have worked for me in the past, but are probably not new to many of you, nor are they guaranteed.

  • Negotiate hard for a new subscription since a lower initial cost means that future percent increases are added to a lower amount.
  • In addition, when signing a license agreement for a new subscription, adding a clause to lock the annual percent increase of the next 3-5 years can help too.
  • When only students in a specific discipline use a database, find out how many students are in that discipline and argue for a lower price based on this figure instead of the school’s entire FTE, especially if the vendor does not offer lower prices for fewer simultaneous users. It is unreasonable to pay the full FTE price for a product that only a select portion of the student population uses.
  • Again for discipline specific databases, counter that by making the database available to students now, they are more likely to purchase a subscription at higher rates when they are out in the workforce.
  • Instead of asking the vendor to come up with a reduced rate, counter with a percent increase of your own. While the vendor’s final offer will usually be a little higher, it is usually less than the original quote.
  • Conduct negotiations via e-mail, and during a negotiation, send your reasons in several short emails over the course of a week rather than all at once in one long e-mail.
  • Develop negotiation phrases that you can copy and paste to save time.
  • Use the average percent increases for your library’s subscriptions. Vendors often say that their 5-8% increases is “industry standard.” However, our average percent increase is usually lower than this. Yes, there are outliers on both ends, but by telling a vendor that your library’s average percent increase for all e-resources is X% instead of 8%, you can sometimes reduce your renewal rate.
  • Plead flat budgets, have patience, and start well before the renewal date!
  • Consortiums can be a great help.
  • Cite competing vendors’ favorable terms, price freezes, low percent increases, etc.
  • If you have concerns about a particular license agreement, post your concerns on your blog, Twitter, FriendFeed, or a listserv to see out how others have dealt with the concern(s). If nothing else, your shout-out will alert other libraries of unfavorable terms.
  • Be prepared to walk away. In one experience, it took about a year and half license terms to changes, but it was definitely worth the wait. While it is rare that you can actually walk away from some products without repercussions of some kind, the more libraries are willing to walk away from unfavorable terms, the more likely the vendor will make changes.

What price negotiation strategies have worked for you?


ERMes Website

Download the latest version of ERMes, get instructions, etc. http://murphylibrary.uwlax.edu/erm/

Author Affiliations

Galadriel Chilton, Electronic Resources Management Librarian, University of Connecticut

William Doering, Systems, Catalog & Digital Initiatives Librarian, University of Wisconsin - La Crosse

Norma J. Dowell, Library Assistant IV, Iowa State University

Jen Holman, Periodicals & Acquisitions Librarian, University of Wisconsin - La Crosse

Anna Hulseberg, Academic Librarian, Gustavus Adolphus College

ERMes Users

Alverno College Library

Baker College

Beloit College

Bethel University

Birmingham City University

Canadian Agency for Drugs and Technologies in Health

Capella University

Cardinal Stritch University

Carleton College

Carroll University

Deerfield Academy

Drake University

Florida Institute of Technology

Georgia Perimeter College

Gustavus Adolphus College

Harrisburg Area Community College

Illinois Wesleyan University

Indian Institute of Management Bangalore

Iowa State University

Irish Research eLibrary

Lincoln University (Lincoln, New Zealand)

Loyola University Health Science Library

Manhattanville College

Monterey Peninsula College

National Science Foundation

Nicolet Area Technical College

Northern Michigan University

Northwestern College

Oakton Community College

Presbyterian College

Ripon College

Rivier College

St. Norbert College

Southwestern College

Springfield College

SUNY-Rockland Community College

Technical University of Denmark

University of Alabama in Huntsville

University of Idaho

University of the Pacific - Stockton

University of Wisconsin-Colleges

University of Wisconsin-Eau Claire

University of Wisconsin-Green Bay

University of Wisconsin-La Crosse

University of Wisconsin-Oshkosh

University of Wisconsin-Platteville

University of Wisconsin-River Falls

Viterbo University

Walden University

Wisconsin Department of Employee Trust Funds

ERMes Articles & Presentations

Presentation: The ERMes Story: A Work in Progress (Galadriel Chilton) part of Open to Change: Open Source and Next Generation ILS and ERMS
ALA Annual, Washington, DC, June 2010

Presentation: The ERMes Story: A Work in Progress (Galadriel Chilton)
Minnesota Innovative Users Group Conference, October 2009

Article: ERMes: Open Source Simplicity for Your E-Resource Management By William Doering and Galadriel Chilton
Computers in Libraries 29(8), September 2009

Presentation: Keeping It All Together: One Library's Strategy for Electronic Resource Management (William Doering)
WAAL, April 2009

Presentation: Getting a Handle on E-Resource Management: An ERM Panel (Galadriel Chilton)
Library Technology Conference 2009, March 2009

Article: A Locally Created ERM: How and Why We Did It By William Doering and Galadriel Chilton
Computers in Libraries 28(8), September 2008

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