Signing Away Fair Dealing: Why it's more important than ever to negotiate e-resource licenses that work for libraries and our users

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dc.contributor.authorSwartz, Marken
dc.contributor.authorLudbrook, Annen
dc.contributor.authorMartin, Heatheren
dc.contributor.authorJin, Leien
dc.date.accessioned2017-10-11T18:13:43Z
dc.date.available2017-10-11T18:13:43Z
dc.date.created2013-06-23
dc.identifier.urihttp://hdl.handle.net/1974/22947
dc.subjectBest Practicesen
dc.subjectLicensesen
dc.subjectFair Dealingen
dc.subjectE-Resource Licenceen
dc.subjectCopyright Modernization Acten
dc.subjectUser Rightsen
dc.subjectDigital Contenten
dc.titleSigning Away Fair Dealing: Why it's more important than ever to negotiate e-resource licenses that work for libraries and our usersen
dcterms.abstractWhen it comes to negotiating e-resource licenses, there are numerous best-practice guides and model licenses available to help ensure that the rights of library users are preserved when contracts are signed. And yet, a review of some current e-resource licenses reveals that there are often significant differences between carefully crafted model licenses and the actual contracts that are signed when resources are acquired. Has this gap become even greater, given the expanded scope of fair dealing and the addition of new educational exceptions in the Copyright Modernization Act? The panel will review some of the library literature on licensing best practices, as well as some examples of current e-resource licenses to assess how well they preserve the user rights enshrined in the Copyright Modernization Act. For those that fall short, we will examine the implications for faculty, students and other authorized users of licensed content. How do we interpret and explain these differences to our users? Is it possible to ensure that user rights such as fair dealing are not undermined by restrictive contract language, and that library services such as interlibrary loan and library reserves are equally possible with digital content as they are with print? Why has it been so challenging to negotiate licenses that address these concerns? Through discussion and sharing of anecdotes and experiences, we hope to explore these questions as well as take steps toward developing a strategy for addressing these issues in future license negotiations.en

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