Submission Date
Question
Academic libraries need to make the most of their budgets for subscription services. We also want to advance librarian-aligned priorities like fair use, accessibility, authors’ rights, user privacy, and data security. Can you provide guidance on how academic and research libraries can resist contracts with non-disclosure clauses and other conditions that can work against these priorities?
Answer
The answer to this question shows the power of libraries working together.
Over the winter of ‘24 – ‘25, WNLYRC gathered a group of librarians from academic and research institutions to talk about pricing transparency and other priorities for database subscriptions. I was invited to the meeting to discuss possible legal solutions.
The result is the first edition of “A Research Librarian’s Guide to Negotiating E-Resource Contracts in New York State,” posted on the Ask the Lawyer Resources page.
The Guide includes contract assessment guidance, RFP language, a model contract addendum, and guidance for working with in-house legal counsel and purchasing specialists.
Informed by the real-world experience of academic libraries, the goals of this new resource are to:
- Help libraries avoid the negative impacts of non-disclosure agreements (“NDAs”);
- Limit redundant purchasing;
- Assure the ability of making adaptive copies under the Americans with Disabilities Act of 1990 (the “ADA”);
- Protect rights created by Copyright Act Sections 107, 108, and 110;
- Protect library user privacy;
- Emphasize data security; and
- Respect the intellectual property of content creators.
The resource may be used together with ESLN’s upcoming template for evaluating purchase and use of AI products and services.
The Guide may be found here. Just as important, your experience using the Guide, and suggestions for improvement, can be sent through the form here. The Guide is a collaboratively developed resource, and with your help, the next version will draw from even more real-world experiences.
If you use it, please provide feedback to make it better.