Analyzing a License
In this assignment I will analyze the Biblioline Annual License and Subscription Agreement.
Section A. Parties – This paragraph defines the subscriber as the licensee and the company, NISC, as the licensor. It says their product, BiblioLine, and the databases it contains are part of the subscription service.
Section B. Products – This section explains what the “products” subject to the agreement and subscription fees are. It lists four: the databases, the proprietary search-and-retrieval software, online help and/or printed documentation containing directions for use, and any customer support services via telephone, fax or email.
Section C. Licensed Use of BiblioLine – Explains who may use the service.
1. This paragraph asserts that all ownership rights to the product remain with the company, not the licensee.
2. Paragraph two describes who can be considered an “Authorized User” under the terms of the subscription. There are five categories of institutions that can authorize users: Academic Institutions, Special Libraries, Commercial Businesses, Public Libraries, and Individual Subscriptions. There are specific requirements for each institution.
A few sentences caught my eye in this section. The first is a statement that the company has the right to refuse to accept any subscription order for any reason. I’m not sure why they would need to do this, although they are a private company it seems to go against accepted Freedom of Information concepts under which libraries operate.
The agreement also says that academic subscriptions are limited by geographic locations and different campuses of the same institution will be considered separate sites. I think this needs to be clarified. I understand if a school has two campuses in different states but what if one school has two different sites in the same town, the division necessitated by space constraints? It doesn’t seem fair that they would need to purchase two separate subscriptions.
This is also the rule for commercial businesses with separate locations, the rule here states this is so “unless otherwise negotiated.” I think these policies need to be spelled out specifically in the agreement and not left to negotiations. Each subscriber should get the same benefits without having to negotiate independently.
Another problem for me is in the section on Public Libraries. It says there is a separate fee for remote access. I do not understand why that would need to be extra since the patrons still need to log on with their library card, indicating that they are an authorized user.
3. Paragraph three explains the times that the contract is in effect, including trial periods, paid subscription periods, and upon the receipt of new and updated materials.
4. This clause prohibits the reproduction, transmittal or transfer of materials without written consent. Also says the use of products is subject to restrictions contained in the license and published by NISC.
5. This section restricts the subscriber from using the products as part of anything they are going to sell or rent.
6. Section six explains that the subscriber is responsible for having the equipment necessary to access the databases.
7. This paragraph allows for the terms of the contract to be changed by the Licensor. The subscriber will be notified of any changes and can cancel the contract if they do not agree to the new terms.
Section D. Use Restrictions of BiblioLine –
1. General Restrictions
a) This paragraph repeats that the material cannot be used by the licensee for any commercial purpose.
b) Section B details the rules of the license in other countries and identifies the subscriber as the exporter and importer of all information and products, and the responsible party for any fees or laws. This section is also the first to mention the use of databases for distance learning and exempts students participating in a distance learning program from the rule that authorized users must be from the country that the license was issued in.
c) The sentence prohibits the transfer of material to a hard disk except as noted in section D.
d) Section D allows for users to download material and screen displays for temporary storage only for the purposes of a single print-out or a personal, non-commercial use. This is a good rule that allows users to compile information that can be used for research and education. This permission is vital to distance learners.
e) Section E prevents the user from trying to figure out the proprietary software and to use it to create new works. It also charges the subscriber with the responsibility of preventing the users from copying any of the copyrighted visuals or web pages from the software. The only allowed use is to create tutorials for the product. This seems reasonable, but it would be hard to enforce since no institution can monitor their users 100% of the time.
2. Restrictions on Users Provided Access
a) Single User means only one user may access the products at a time.
b) Multiple User means a specified number of users can access the products. This number is established at the time the subscription is purchased. The contract should mention the ability to re-negotiate this number if necessary but it does not.
c) Section C deals with Remote Access, saying that access can only be made by authorized users who are located in a city, town or adjoining county nearby the subscribing institution. I find this passage confusing, especially the word “nearby”. Does it mean that users have to physically be near the institution? The clause goes on to say that users who are traveling are exempt, as are users enrolled in distance education courses. This basically negates the first part of the clause. It is important to mention the use of distance learners but I don’t think the wording in the first part helps to define anything. The last sentence says that remote access is not possible between libraries in different geographical areas but that special circumstances can be negotiated. I have already explained my opposition to the policy of separate licenses for different locations of the same institution and the use of “negotiations”. I realize that the license cannot anticipate every possible scenario but I wish there could be a little more detail. A specific definition of “geographic area” should be included, as well as definitions of some “special circumstances.”
References
National Information Services Corporation. (2008). BiblioLine Annual License and Subscription Agreement. Retrieved from http://www.nisc.com/subscribe/bibsub.htm#License