Re: Model licenses and Licensing software

Subject: Re: Model licenses and Licensing software
From: Emanuella Giavarra (
Date: pe 24 huhti  1998 - 18:51:54 EEST

(posted to liblicense by Fred Friend)

I agree with Ann that Edward Barrow's approach is very interesting.

On what is happening in the UK, the JISC/PA discussions are continuing.
The Model Licence and Fair Dealing reports are being re-visited in the
light of comments received, and a new Working Party is being set up to
attempt to resolve the problem of electronic ILL. The re-visitation of
the Fair Dealing Report is taking the form of drafting guidelines which
libraries could use on a day-to-day basis. I am not on the Model Licence
group so I am not up-to-speed on what is happening there, but my
impression is that the model licence will not be used as it is but will
be used to influence later developments. For example the drafting of the
licence for NESLI, the National Electronic Site Licence Initiative, is
being informed by the JISC/PA model licence, but it is also being
informed by the ICOLC Principles and the JISC/PA Fair Dealing Report.
Although we have gone about it a different way, I think this has
resonances with the Liblicense template approach, in that we are no
longer thinking of one model licence which suits all needs but a number
of sources which can be used to build up a licence for a particular
purpose. The NESLI licence will be used by the Managing Agent we are
appointing (public announcement on this next week) to negotiate with
publishers. In that sense it follows Edward Barrow's approach, in that
the draft NESLI licence sets out what the libraries will be expecting to
receive for whatever price is negotiated. On the other hand we do not
want to tie the Managing Agent's hands completely, and some aspects of
the NESLI licence will be negotiable.

The important point I think is that publishers and librarians are
learning more about how to handle agreements on licences. Hopefully we
are getting a more flexible approach from all parties while also
achieving more uniformity. We have moved away from the concept of each
licence being different, but we have also moved away from the
"take-it-or-leave-it" approach of only one possible licence, whether
publisher-originated or librarian-originated.

Fred Friend

Frederick J.Friend,
Director Scholarly Communication,
c/o Graduate School,
North Cloisters,
University College London,
Gower Street,
London WC1E 6BT,
Telephone +44 171 380 7090
Mobile phone 0385 921 774
Fax +44 171 380 7043
E-mail or

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