Yale
Library - Licensing Out Yale Library Content
Policy and Procedure
(Adopted June 2004)
NOTE: The process described herein
so far excludes the Beinecke and Walpole Libraries, which
work according to practices established by them
Background
The Yale Library houses rich collections throughout
numerous locations and on many topics. While some of
these are esoteric, a number are thought to be of interest
to a readership beyond Yale, or even beyond academia,
and thus they have come to the attention of outside organizations
or publishers who may wish to utilize such collections
in order to make them available as a viable "product" (the
phrase "viable product" can have diverse meanings.)
Yale has engaged in such relationships for many decades,
though much more cautiously in the last decade or so.
This may be because the marketplace for the standard
reproductions in facsimile and microform has shrunk and
prospective newer digitizing relationships or partnerships
are being handled with extra care at this time.
Yale Library resources have been
of interest for some of the following purposes: reprinting
of materials in traditional bound formats; reproducing
materials into microformat (e.g., periodicals, special
collections); inclusion of full text traditional formats
into digital products; inclusion of catalog records or
metadata into online database projects; and the like.
The possible relationships and partnerships
for content deployment are very diverse. Some of Yale's
resources have been of interest to not-for-profit organizations
(for example, JSTOR for digitizing into its collections;
RLG for Cultural Materials Initiative) and others to
for-profit companies (for example, Scholarly Resources
for microfilming of Divinity periodicals; Primary Source
Media for the digital Sabin, A Dictionary of Books
Relating to America, from its Discovery to the Present
Time.). Yale Library chooses to work with some of
these projects according to the process described herein.
Decision-Making
Individually, case by case, decisions are made
about participation with outside partners in making collections
available, taking into account a variety of factors and
in consultation with Library staff with interest and
expertise in the potential arrangement. In general (and
with the exception of the Beinecke and Walpole Libraries),
the AUL for Collections is key in, or will convene, discussions
and decisions. The AUL studies the contracts, consults
with General Counsel when legal advice is wanted, and
usually signs the contractual agreements. NOTE: systemwide
or substantial resources or partnerships may move the
negotiating role to the University Librarian.
Who is Involved
Consultation about moving forward (or not) and
how to do so, is most likely to include the following. "It
takes a Village."
* Curator or subject specialist(s)
with responsibility for the resource(s). (For example,
not infrequently the responsibility is shared between
the subject specialist plus Manuscripts & Archives).
* Preservation Director and staff
who may be needed for expertise re. condition and handling
of materials. These staff certify that materials can
be reproduced.
* AUL for Collections.
* Technical specialists (systems
and others as needed) regarding materials that are to
be photographed and/or digitized either in house or outside.
* Other expertise as needed (finance,
development, etc.).
* High visibility projects will be
brought to University Librarian or LMT as appropriate
and a decision may be made at that level, taking into
account recommendations of a team or teams that have
given careful consideration to a resource.
* Some projects may require consultation
or at least an FYI with other campus parties, such as
General Counsel, ITS, Secretary's Office, Provost, etc.
The UL will be instrumental in making those contacts.
Factors in Decision-Making
Factors to be taken into account in discussions
about whether to engage in an outside relationship are
likely to include many of the items below:
1. Does the project fit the Library's
goals of information access and dissemination. (For example,
will it benefit Yale's users first and foremost? Is there
some reason to *not* make the materials accessible? Does
the project enhance teaching, learning, and/or research?)
2. What human resources needed and
available in the Library to do engage in the project?
3. Where will the work be based;
who will take responsibility overall?
4. What funding sources will be part
of this relationship; i.e., partner may offer funds,
labor, digitizing, royalties. Are the financial agreements
acceptable?
5. Are there any intellectual property
concerns? What are they? (For example, does the Library
have rights to authorize reproduction? Who owns the property?
Who will own the resulting product and is this acceptable?).
6. What is the condition of the materials?
What effect will the project have on the physical condition
of the materials? Is the wear and tear, if any, acceptable?
7. Are the requirements of the partner(s)
for, e.g., restricted access, or free access, acceptable
to the Library? Will the partner privatize the public
domain in a way that is not acceptable to the Library?
8. What will the Library receive
in return? If analog format, a free set, or? If digital,
a free digital copy? In what format? Can the Library
specify format?
9, If the investment that the Library
will make is substantial, might it wish to recoup its
investment and if so how?
10. Time frames: Is this a one-time
relationship or is it ongoing? How long is the contract;
what time periods does it stipulate for any work being
done? Are these satisfactory?
Not all resources will require consideration
of all the above factors; some resources may involve
additional factors; these will need to be identified
and considered.
The amount of time and the number
of people involved in a decision should be somehow commensurate
with the scope and scale of the proposed project or partnership
or relationship. For example, digitizing faculty photos
for ELI is likely *not* to take a village at all -- course
support may in many instances become fairly routine,
after initial prototypes are developed. Participation
in a large project with, for example, Amazon.com or Google,
or even ArtStor, is likely to demand a broader decision-making
process.
****
Initial Draft by Ann Okerson, 3/22/04
Discussed, amended, approved by the
Library management Team, May 2004
Discussed, amended, approved by the
Collection Development Council, May & June 2004


© 2006
Yale University Library
This file last modified
10/06/06
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