| Canadian
National Site Licensing Project / Projet canadien de licences
de site nationales
Principles
for Licensing Electronic Resources
Approved: CNSLP
Steering Committee / PCLSN Comité directeur, May 5, 2000
Preamble
General principles (Section
1) reflect the overall goals of the Canadian National Site
Licensing Project / Projet canadien de licences de site
nationales (CNSLP/PCLSN), and refer to “content” and “licenses” as
the portfolio of products to be acquired from multiple
vendors that, taken together, will satisfy project objectives.
Principles that follow (Sections
2-14) outline the criteria that will guide the project’s
preliminary evaluation of vendor offerings, with the understanding
that specific requirements for products under consideration
will be addressed through the formal procurement process.
1.
General
1.1.
The
Canadian National Site Licensing Project / Projet canadien
de licences de site nationales (CNSLP/PCLSN) is a pilot project
to license electronic versions of scholarly content for the
Canadian academic research community
1.2.
CNSLP/PCLSN
will license content that is consistent with the mandate
of the Canada Foundation for Innovation (CFI) (i.e. to promote
innovation through increasing Canada’s research capacity
in the areas of science, health, engineering, and the environment)
1.3.
Principles
for the CNSLP/PCLSN have been developed in alignment with
emerging international consensus by the scholarly research
and library communities, regarding principles for licensing
and accessing digital information resources
1.4.
Implementation
of the CNSLP/PCLSN will be based on open, sound, and ethical
procurement practices, respecting the confidentiality of
proprietary information provided by both the licensors and
licensees
1.5.
Content
licensed through the CNSLP/PCLSN will be responsive to the
breadth of needs of the Canadian academic research community
1.6.
Wherever
possible, content licensed will include French as well as
English language materials and will include Canadian content
1.7.
The
CNSLP/PCLSN will aim to secure licenses for the broadest
mix of information, and achieve balance among disciplines,
types of publishers, and current and retrospective resources
1.8.
Priority
will be given to those electronic resources that offer:
·
Extensive
fulltext content
·
Increased
functionality of unique value-added components
·
Enhanced
access from the desktop (i.e. availability to remote users)
·
Economies
of scale, and scalability to other platforms
·
Benefit
to the greatest number of researchers
·
Rights
for long-term retention and/or provisions for access in perpetuity
1.9.
Licenses
for electronic content will be secured so as to ensure stable
access to content, expansion and long-term sustainability
of the project
2.
Access
rights
2.1.
Licenses
will grant access rights to all bona fide members of the
academic community (i.e. faculty, students, staff, and other
members of the university community), from any location
2.2.
Licenses
will permit walk-in (i.e. on-site) usage of licensed resources
from any facilities in participating institutions that are
made open to members of the public
2.3.
Licenses
will grant explicit rights for searching, retrieving, printing,
and downloading information
2.4.
Licenses
will provide 24 X 7 access, with minimal downtime for maintenance
and administration
3.
Archiving
and preservation
3.1.
Licenses
will grant rights to make backup copies, or retain local
loads
3.2.
Licenses
will grant licensee rights to access content in perpetuity,
and specify mechanisms, such as vendor and/or third-party
agreements
4.
Authentication
of users
4.1.
Licenses
will grant access to authenticated users from any location
4.2.
Licensed
resources will offer “non-barrier” methods of user identification
(e.g. access methods that may include but are not limited
to individual sign-on and password)
4.3.
Licensors
will accommodate a variety of existing and emerging user
authentication mechanisms (e.g. IP validation, proxy server,
http refer, public key infrastructure)
5.
Authorized
use of licensed resources
5.1.
Licenses
will grant rights for private research, study, educational
or administrative use (i.e. any use associated with normal
practices and activities of the participating institutions)
5.2.
Licenses
will allow for limited repurposing of content (e.g. course
packs and electronic reserves)
6.
Copyright
and intellectual property rights
6.1.
Publishers
will warrant that they have rights to provide the content
6.2.
Access
rights will not deny users any rights as provided for under
Canadian copyright law
6.3.
Licenses
will contain appropriate limitations of liability for both
licensor and licensee, with regard to third-party violations
7.
Functionality,
including accessibility
7.1.
Licensed
resources will be Web-accessible, and will not normally require
special or proprietary software to be loaded at the desktop
7.2.
Licensed
resources will support a variety of web browsers and versions,
and be aligned with the W3C recommendations and
other standards of interoperability
7.3.
Licensors
will guarantee adequate bandwidth with regard to their Internet
services provider, and system capacity to support the CNSLP/PCLSN
consortium
7.4.
Licensed
resources will include basic and advanced search capabilities
7.5.
Electronic
versions of content will be available earlier than or at
same time as the print counterpart
7.6.
Licensed
resources will provide for access to content metadata such
as MARC 21 records (standard for machine-readable cataloguing
records)
8.
Methods
of license enforcement
8.1.
Licenses
will outline reasonable efforts of license enforcement on
the part of both licensors and licensees
8.2.
License
enforcement mechanisms will balance obligations of licensors
and licensees
8.3.
License
agreements will be governed by Canadian law
9.
Pricing
strategies
9.1.
Pricing
models will provide better price than institutions could
achieve independently
9.2.
Licensors
will offer a variety of pricing models that can be adapted
to need, including provision for multi-year contracts
9.3.
Pricing
will provide for unbundling of print and electronic subscriptions
9.4.
Pricing
models will allow for unlimited use, rather than pay-per-view
and/or concurrent use models
9.5.
Pricing
will take into account the research intensity of the licensees,
as reflected by the “impact index” criteria used in the CNSLP/PCLSN
proposal (full-time equivalent faculty, full-time equivalent
graduate students, dollar amount of funded research)
9.6.
Pricing
for content from the information provider, and access options
through third-party interface or system providers, will be
dealt with separately
9.7.
Pricing
structures will provide for appropriate protection from fluctuations
in the exchange rate for foreign currencies
9.8.
Licenses
will include a provision to ensure that vendors extend most-favoured
client pricing to CNSLP/PCLSN participants during the term
of agreements
10.
Privacy
and confidentiality
10.1.
Licenses
will comply with Canadian privacy legislation with regard
to the collection, retention, use and distribution of individual
user and usage information
10.2.
Licenses
will comply with guidelines for Institutional or Consortial
Confidentiality of usage information, as contained in the
International Coalition of Library Consortia (ICOLC) Guidelines
for Statistical Measures of Usage of Web-based Indexed, Abstracted,
and Full-Text Resources (November 1998)
11.
Provisions
for third party usage
11.1.
License
will allow for interlibrary loan through secure electronic
transmissions between institutions, and provision of paper
copy only to end users
12.
Remedies
for unacceptable performance from vendors
12.1.
Licenses
will specify server and system performance benchmarks, implementation
and customer support expectations, and problem resolution
process
12.2.
Licenses
will specify remedies (e.g. extension of license, reduction
or rebate of costs) that balance obligations of licensors
and licensees
13.
Statistical
and other usage/management reports
13.1.
Licensed
resources will meet requirements as outlined in the ICOLC Guidelines
for Statistical Measures of Usage of Web-based Indexed, Abstracted,
and Full-Text Resources (November 1998)
13.2.
Licensors
will provide regular, systematic, and sufficient notification
to licensees regarding content, format, and platform-based
changes
14.
Termination rights, including residual rights to licensed information
14.1.
See “Archiving and preservation”
14.2.
Licenses
will stipulate succession rights, if supplying company is
sold
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