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Digital Licensing Online eCourse
Lesley Ellen Harris
Item Number: 7100-9928
Publisher: ALA Editions
Price: $149.00
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Upon purchase you will receive a PDF download with instructions on how to enroll in your eCourse. The download link for this product can be found on the final confirmation screen after you complete your purchase, and may also be accessed from your Account History. This eCourse is licensed for single site use.
The digital revolution has resulted in an important, and sometimes daunting, change in the way libraries and other organizations procure, access and store information available for internal use and for use by researchers. Before the advent of electronic resources, libraries regularly purchased and owned print copies of materials for their collections. We are now witnessing a revolution in how information is acquired, stored and accessed. Librarians have become negotiators and interpreters of legal agreements.

To meet these important new library roles, Lesley Ellen Harris and ALA Editions have teamed up to offer Digital Licensing Online, a self-paced eCourse which is designed to teach librarians how to read and understand a contract as well as how to negotiate with vendors. Among the many topics addressed are
  • industry standards in licensing
  • determining when a licensing policy is necessary
  • key dimensions of licensing agreements
  • legal concepts in licensing agreements
  • step-by-step analysis of the main clauses in a digital licensing agreement
The course includes short quizzes at the end of each of the 27 modules. Each module is designed to take approximately 30 minutes to complete and can be taken whenever convenient, making this eCourse feasible for even the busiest librarian. Also provided is a treasure trove of additional resources, such as sample agreements, an assortment of boiler plate clauses, and links to helpful Web sites.

Digital Licensing Online is entirely self-directed; no instructor is required to complete this eCourse.
eCourse Outline


    * When to License: Acquiring Digital Content; Understanding the Concept of Electronic Materials; When Does Licensing Come Into Play?; Consumer/Licensee; Content Owner/Licensor; Negotiable and Non-Negotiable Licenses
    * E-Lesson 1.0 Quiz


    * “Industry Standards” in Licenses: Is there an Industry Standard?; Positive Aspects of Model Licenses, Standard Agreements and Licensing Principles; Negative Aspects of Model Licenses, Standard Agreements and Licensing Principles; Best Uses of Model Licenses and Licensing Principles; Collective Societies and Digital Licensing
    * E-Lesson 2.0 Quiz


    * Three Steps to a License Arrangement: Developing a Licensing Needs Assessment; What is Being Offered to You?; Your Negotiated License
    * E-Lesson 3.0 Quiz


    * Do You Need a Licensing Policy?: Creating a Licensing Policy; Ask Questions; Review Existing Licenses; Review Models
    * E-Lesson 4.0 Quiz


    * Global Issues: Worldwide Licensing; Governing Law in your License; International Treaties and Digital Content; Other Global Issues
    * E-Lesson 5.0 Quiz


    * Key Concepts in Licensing Agreements: Licenses v. Assignments; License Agreement; What Does “Digital Licensing” Mean?; Content;  Licensor; End-User; Licensee; Exclusivity; Consortia
    * E-Lesson 6.0 Quiz


    * Legal Concepts in Licensing Agreements: Fair Use/Dealing, Library Exceptions and Licensing; Privity of Contract; Contractual Agreements; What is a Contract?; Must the Contract be in Writing?; What is a Valid Contract?; UCITA
    * E-Lesson 7.0 Quiz


    * Key Digital Licensing Clauses, Part I: Licensing Clauses; Preamble; Parties to the Agreement; Definitions; Content Covered by the Agreement
    * E-Lesson 8.0 Quiz


    * Key Digital Licensing Clauses, Part II: Rights Granted/License; General Rights; Other Rights;
    * E-Lesson 9.0 Quiz


    * Key Digital Licensing Clauses, Part III: Sub-Licenses; Inter-Library Loan (“ILL”); Fair Use/Dealing; E-Rights
    * E-Lesson 10.0 Quiz


    * Key Digital Licensing Clauses, Part IV: Usage or Authorized Uses; Usage Restrictions
    * E-Lesson 11.0 Quiz


    * Digital Licensing Clauses, Part V: License Fee; Pricing Models;
    * E-Lesson 12.0 Quiz


    * Key Digital Licensing Clauses, Part VI: Licensor Obligations; Delivery and Continuing Access to the Licensed Content; Support and Documentation
    * E-Lesson 13.0 Quiz


    * Key Digital Licensing Clauses, Part VII: Licensee Obligations; Monitoring Use; Credits
    * E-Lesson 14.0 Quiz


    * Key Digital Licensing Clauses, Part VIII: Territory; Authorized Users; Authorized Site; Copyright Ownership; Term of Agreement
    * E-Lesson 15.0 Quiz


    * Key Digital Licensing Clauses, Part IX: Renewal; Termination; Perpetual Access/Archive; Disclaimers; Warranties; Indemnity and Limitation of Liability
    * E-Lesson 16.0 Quiz


    * Boiler Plate Clauses, Part I: What are “Boiler Plates”?; Alternative Dispute Resolution; Amendments; Binding Effect; Confidential Information; Currency
    * E-Lesson 17.0 Quiz


    * Boiler Plate Clauses, Part II: Entire Agreement; Force Majeure; Governing Law
    * E-Lesson 18.0 Quiz


    * Boiler Plate Clauses, Part III: Independent Parties; Interpretation; Notice; Remedies; Severability
    * E-Lesson 19.0 Quiz


    * Boiler Plate Clauses, Part IV: Signature; Survival; Transferability or Assignment; Waiver; Negotiating Boiler Plates
    * E-Lesson 20.0 Quiz


    * What Does Negotiation Mean?: A Win-Win Situation; Understanding Two Perspectives; Are All Licenses Negotiable?; Letter and Email Agreements; Oral Agreements; Negotiable Licenses
    * E-Lesson 21.0 Quiz

    * Before You Begin Negotiations: Basic Points; Be Prepared; Know What You Need; Know What You Want; Know Your Price; Plan, Plan…But Be Flexible; Try to Understand the Content Owner
    * E-Lesson 22.0 Quiz


    * During the Negotiations: Listen Carefully and Actively; Ask Pro-Active Questions; Never Assume Anything; Be Assertive—Not Aggressive; Communicate Clearly and Neutrally; Take Notes; Be Alert; Clear Up Any Misunderstandings Promptly; Know When to Take a Break; Know When to Walk Away
    * E-Lesson 23.0 Quiz


    * Other Important Negotiation Issues: Who Should be at the Table?; The Role of a Lawyer; Threats Do Not Work;
    * E-Lesson 24.0 Quiz


   * What Kind of License Do You Need?: Your License; Plain Language; A Written License; Changing Clauses
    * E-Lesson 25.0 Quiz

    * Your Licenses: Consistent Terms and Conditions; Managing Multiple Licenses; Changing Technology and Needs; Frustration and Patience
    * E-Lesson 26.0 Quiz


    * Resource Final Tips: Some Final Thoughts; Thank You; A Crash Course in Licensing

About the Instructor

Lesley Ellen Harris is a copyright, licensing, and digital property lawyer who consults on legal, business, policy, and strategic issues in the publishing, entertainment, Internet, and information industries. Since 1991 her practice has served a broad range of clients, and she frequently works with libraries, archives, museums, and educational institutions. She often speaks at conferences, and teaches in-person and online courses on copyright and licensing through and in conjunction with national and regional associations in Canada and the United States. Harris began her career in copyright in 1984 working with a lobbying group interested in revising Canada’s copyright laws. From 1987 to 1991 she was senior copyright officer with the Canadian government, in which capacity she helped revise the country’s copyright laws. Harris is the author of the books Digital Property: Currency of the 21st Century (1997), Canadian Copyright Law (3rd ed., 2001), Licensing Digital Content: A Practical Guide for Librarians, and numerous articles. Since 1997 she has been the editor of The Copyright and New Media Law Newsletter. She maintains the website and the blog Copyright Questions & Answers.
Praise for the companion book:

"It is rare to find a book that combines brevity and thoroughness, or rigor and readability. Licensing Digital Content does both … this book is wonderfully clear and concise. Highly recommended.”

“Harris makes a complex subject readily understandable and well within the lay person’s grasp.”
--Kenneth D. Crews, professor of law and Director of the Copyright Management Center, Indiana University

“This is an important book that provides a very practical approach to the legal and policy issues at stake. The content is very solid— straightforward, easy to read, and logically arranged.”
--Laura N. Gasaway, Director of the Law Library and professor of law, University of North Carolina

“Harris writes about a complicated topic with enthusiasm and clarity. With her straightforward and accessible advice, licensing novices will be able to make confident strides in securing excellent contractual terms.”
--Ann Okerson, moderator, Liblicense-L (Associate University Librarian, Yale University)

“Filled with down-to-earth advice from an expert who fully understands the challenges facing non-lawyer librarians, this step-by-step guide to setting up licensing policy, understanding contract terms and conditions, and negotiating institutional and consortia licensing agreements is invaluable. Make this book required reading for everyone on the content licensing team.”
--Gail Dykstra, independent research consultant, Dykstra Research

“This book is remarkably readable, free of legal jargon, and thoroughly enjoyable.”
--Library Resources & Technical Services

“Very useful for academic and public librarians of information professionals...well written and insightful.”

“Harris’ book has become the standard for libraries and has yet to have an equal published that is either as useful or as clear.”
--ARBA Online

“The book is intended for libraries of all types and sizes … Other users of electronic databases and periodicals, such as museums and schools, will also find the book helpful when they are licensing digital resources for use in their institutions.”
--Book News Inc.

"Though we are confident about our information skills and may know what our users want and need, we may not be as skilled at the arts of contract interpretation and negotiation--and not all of us have lawyers available to help us with this. Since signing licenses--or declining to sign them--can be a nerve-wracking business, this new edition of Licensing Digital Content will help to calm some of your fears ... Consider this an excellent resource for all information professionals who deal with licenses for electronic resources."
--Information Today

“I would highly recommend this book to both librarian novices and experts who have obligations in this area for their libraries.”
--Public Services Quarterly

“A ‘must have’ for anyone working with content licensing.”
--Richard P. Hulser, information management consultant

  Also of interest:  
The Librarian's Legal Companion for Licensing Information Resources and Services
Item Number:  978-1-55570-610-4
Expert guidance in information acquisition including copyright and contract matters.
Price: $134.00
Copyright Law for Librarians and Educators: Creative Strategies and Practical Solutions, Third Edition
Item Number:  978-0-8389-1092-4
Kenneth D. Crews has completely revised his classic text to remap the territory with fresh, timely insights into applications of copyright law for librarians, educators, and academics.
Price: $59.00
Licensing Digital Content: A Practical Guide for Librarians, Second Edition
Item Number:  978-0-8389-0992-8
The revised second edition of this popular one-stop resource covers the basics of digital licensing for librarians in a plain-language approach that demystifies the process.
Price: $59.00