Tag Archives: publishing

The Rock and the Hard Place (Part 2): Opening Up License Negotiation

The following is the second in a series of posts on the subscription-based model and open access alternatives, and how each get stuck from their respective ends of the scholarly information supply chain.  In addition to the usual disclaimer regarding my own opinions expressed here, these should also not be interpreted as a substitute for legal advice.

In my last post I outlined one side of scholarly communication — the subscription renewal process – in underrepresented detail, revealing places where it is stuck in arduous workflow, inefficient systems, and complex, problematic licenses. In addition to pointing out the subscription model’s own struggles, I acknowledge its perpetuation works directly against investment in open access alternatives. Seeing the shared predicament from each respective end, I wondered how these two workflows come together in practice. Beyond our company in misery, this post will explore where collaborations, specifically in the realm of licensing, have made progress toward alternatives to traditional publishing and subscription-based acquisition.

Contract negotiation is an activity associated with the subscription model that most often occurs when placing new orders or at renewal. In many cases this responsibility is performed by collection management or acquisitions, usually with support of the institution’s general counsel. Scholarly communication staff also interpret contracts as they assist authors in negotiating publishing terms and retention of authors’ copyright. The scholarly communication office might also be involved in contract negotiation if they are a publishing entity themselves. A third player, interlibrary loan, also plays a role in licensing terms, interpreting copyright and fair use as it relates to day-to-day borrowing and lending, and copyright fee payment associated with these activities.

For other obvious reasons, these areas of the library are key stakeholders in the subscription renewal process. If we cancel, what will the faculty reaction be? How will the subscription savings through cancellation effect the cost of ILL? If we renew, what does this say about our efforts in promoting open access? In addition to this, the skillset these faculty share in negotiation and the interpretation of copyright in particular reveals a unique collaborative opportunity for subscription and open access workflows.

Bringing these shared skillsets together in the licensing process allows for a more comprehensive awareness of where contracts can restrict rights granted by copyright law. More specifically these perspectives can quickly identify key terms that can best mitigate that risk and influence other favorable objectives. The LIBLICENSE project is an excellent starting point for understanding general license terms and those specific to the needs of libraries. I highlight examples of some commonly sought terms below for which the collaborative contexts I’ve mentioned have been most helpful in addressing. Relevant pages and discussion threads from LIBLICENSE and other resources are linked within.

In terms of content and acquisition:
• Post-cancellation access (see perpetual license)
• Emergency cancellation clause (see force majeure and early termination)
• Title swap and cancellation allowance
• Content caps on changed or lost content
• Pricing caps – the larger or longer the deal, the lower the cap

In terms of ILL and copyright:
• Allowing ILL with more liberal interpretation for electronic access (see 1997 ILL straw poll)
• Assert/Do not remain silent on copyright (see section 3.3 model license “ No Diminution of Rights” and Fair Use assumptions discussion thread)

In terms of open access:
• Assert author rights (see 3.4 model license “Authors’ Own Works” and also COAR’s 2013 report: OA Clauses in Publishers Licenses )
• Eliminate or ameliorate confidentiality and non-disclosure clauses (see also ARL recommendation)
• Allow for text and data mining (see Request: Text and Data Mining Licenses…Language thread)

Though many of these terms are generally accepted among the library profession and even have the backing of national and international organizations, publishing and other industries have their own generally accepted clauses and the backing of their organizations. This is why it can be difficult, unrealistic even, for the single acquisitions staff responsible for negotiation to push for all these on her own.  A major subscription contract renewal is an important opportunity for many to speak with a unified voice, not just on behalf of buyers and content, but on behalf of authors and of a wider audience of users. In addition to bolstering well known terms and issues, these multiple perspectives are key to introducing new ideas into a traditional negotiation.

Sometimes new ideas (and even traditional ones) will not result in accepted contract terms because they are dealt with entirely separately from the renewal process, or because they do not otherwise match the other party’s entrenched business practices. This can be advantageous from a negotiating standpoint, as losing out on some issues can favorably influence the advancement of others. The fact that some issues are perceived as entirely separate from the renewal process can also be advantageous. Author rights, for example, are often handled through individual author contracts or separate institutional open access policy agreements. While this can sometimes prevent their inclusion subscription agreements, by recognizing the separation itself the negotiation lends a stage to raise important issues more boldly without directly jeopardizing the terms of renewal.

New ideas I’d like to see in renewal negotiation discussions involve taking what is often the licensee’s obligation and making it a mutual or licensor obligation. One example is caps on changed and added content. Publishers often allow a clause that addresses when a percentage of content lost by a publisher can trigger breach or renegotiation. But aside from title cancellation and swap clauses – which are rare and require a significant amount of time and effort by the library to invoke — there is nothing to prevent a publisher from acquiring and adding content to a package for which the libraries are required to take on in their renewal spend. Another has to do with advance renewal or offer deadlines. As outlined in my previous post, publishers often require advance notice of cancellation, but there is nothing that requires publishers to provide the library with advance notice of major changes that might influence a cancellation decision, like new package offerings or an entirely new license contract. I’d also like to explore clauses that might address the myriad ways payment for published research is replicated across the institution (aka double-dipping), such as with the libraries paid subscription and the author’s open access article processing charges.

Closing the deal
In any change, the individual and organizational commitment to cooperation can be the hardest, but most important first step. In future posts, I’ll lay out ways organizational structures, workflows and individual skills might lead to more frequent and improved collaborative work on these issues.

Breaking the big deal of a major subscription renewal and reinvesting in open access will certainly require a deeper investigation into economics of open access and subscription infrastructure already well-covered by the literature. Perhaps, as with licensing, if we look at these economics more carefully with a different group of eyes and minds, new practical alternatives will emerge.

The Rock and the Hard Place (Part 1): Renewal Season, No Big Deal?

The following is the first in a series of posts on the subscription-based model and open access alternatives, and how each get stuck from their respective ends of the scholarly information supply chain.  As a reminder: Opinions expressed here are my own and do not express the views or opinions of my employer or of ACRL.

September is renewal season when the largest percentage of a typical academic library’s collection budget is committed to the hands of publishers and vendors, thereby determining the largest part of what research is accessible in January of the following year.  This four-month lag between getting what you paid for is just one of the many problematic examples of the slow-churning scholarly information supply chain.

Here’s another.

These problems have been raised by a crisis of economic sustainability most commonly blamed on the serial subscription model.  The movement toward remedying this problem, however, often comes from the perspective of authors, copyright, and open access.  I think shedding light on some of the practical economics at play in the subscription renewal process can help show where both the subscription model and open access movement get stuck in this process, and may reveal ways to join forces for change.

“No big deal…”

In the grand scheme of the subscription renewal process, four months is not really too much to ask considering a subscription vendor must have time to process its multitude of customers’ orders from a further multitude of publishers, and all by the start of the calendar year. In a typical renewal year library staff must also build in sufficient advance processing time to meet that September deadline.  Accounting for fiscal close, data gathering and normalization, as well as faculty review and input, means renewals can require anywhere from 9 to 12 months of advance preparation.  Without any problems you might have a 3-month breather between January and March before the full cycle of renewal processing begins again.

Significant exceptions to  a typical cycle occur with the renewal of what’s called a “Big Deal” package.  These packages are so named because they are, well, big, both in terms of number of total titles and the fact that the titles represent most, or all, of a publisher’s content. The deal, beyond the size of what you get, lies (pun intended!) in the unique way in which the package is priced. Traditionally this is based on a library’s historic total spend with a publisher at a given time, rather than the title-by-title value of the list.

Another exception is these deals are often negotiated in multi-year contracts, requiring a comprehensive review only every 2-5 years, as opposed to annually. Yet all of the annual renewal steps above must still happen in a multi-year contract renewal.  If your library budget is under close scrutiny, that more comprehensive analysis probably involves more people, such as deans and directors, sister campuses, and often consortia. More than likely the analysis also involves more data, such as usage, interlibrary loan (ILL) or other article level access options, overlap analysis, or citation analysis.  A communication plan may also be necessary whether the purpose is justifying continuing expenses or considering cancellations.

“No Big Deal?”

When looking for savings these packages seem a reasonable option for cutting costs, given their large portion of the budget and the number of included titles, sometimes hundreds of which get little to no use.  Unfortunately, however, because the Big Deal is not designed according to title-by-title spend, attempting to subscribe to fewer titles at list price can mean paying more in the end.  Outright cancellation is not without risk either, since in addition to a major loss of revenue for the publisher, this can translate to unpredictable and shifted costs for the library.

Some publishers sensitive to the workflow and economic challenges of libraries — usually those with MLS degrees or a background in libraries — make an effort to negotiate for alternative solutions rather than lose large sums of subscription revenue.  Such alternatives, however, rarely include an ability to cut costs through cancellation or by swapping out underused titles.  Nor has there been much effort to limit the amount of content publishers may acquire that libraries must take on in additional spend.

According to a longitudinal ARL study on the topic of Big Deals, however, this model persists because “[n]either market studies or market forces have produced a sustainable new strategy for pricing and selling e-journals” (Strieb & Blixrud, 2014, p 587).  Or in words heard from some of the big names in the business:

“Our business model is not designed to save you money.” – Elsevier

“As long as we’re making money, we’re not inclined to change.” – Springer

Without an on-the-ground budget crisis or other disruptive force, institutions often continue to renew, stuck in a mess of our collective making.  I observed a parallel “stuck” reasoning on the open access side of things when I reported on Garnar & Knox’s ACRL 2015 conference session, “Ethical Issues in Open Access” (tweet above).   This shared state of paralysis led me to wonder how advancing scholarly communication and negotiating subscriptions renewals could work together to get ourselves unstuck.

New Dealings

On the surface these two areas appear to work against each other, since perpetuating renewal of subscription-based models can diminish purchasing power or investment in open access alternatives.  But there is evidence that this is changing both organizationally (MIT) and in the evolving models for open access (see OAWAL, NISO).   As my library prepares to renew four big deals in the near future there is real incentive to explore alternatives.

I would love to hear others’ experiences working with subscription renewals or open access workflows.  What intersections do you see?   Where are you are most stuck?  What alternatives have you tried? Anyone you making inroads to jointly address these issues?

Feel free to share responses in the comments, or email them to atruthbrarian@gmail.com



Emery, J., & Stone, G. (n.d.) APC Processing Services. OAWAL: Open Access Workflows for Academic Librarians, 2.6. Retrieved from https://library.hud.ac.uk/blogs/oawal/workflows/2-6/

MIT Libraries (n.d.). About Scholarly Communication & Collections Strategy. Retrieved from http://libguides.mit.edu/c.php?g=176063&p=3015339

NISO (2016). Managing an Open Access World, Part 1: Open Access & Acquisitions. [Webinar] Retrieved from http://www.niso.org/news/events/2016/webinars/sep7_webinar/

Strieb, K.L., & Blixrud, J.C. (2014) Unwrapping the Bundle: An Examination of Research Libraries and the “Big Deal” portal: Libraries and the Academy, 14 (4), 587–615. https://www.press.jhu.edu/journals/portal_libraries_and_the_academy/portal_pre_print/articles/14.4strieb.pdf

Sustaining Scholarship

As Jennifer Howard of the Chronicle reports, collaboration between libraries and presses was a theme at the most recent meeting of the Association of American University Presses, but there seems to have been some heat generated over library/press relations and the open access movement.

One option is the “Michigan Model” in which a press becomes a part of the library’s operations, sharing a common vision, but having to adapt to library culture or risk marginalization. For some presses, this probably sounds like “resistance is futile. You will be absorbed.” But Michigan is not the only press to be aligned with the library’s operations. As reported by Scott Jaschik in Inside Higher Ed, Penn State University Press is also part of the library division, and according to Patrick H. Alexander, that means adjusting to very different experiences.

Presses, he said, “look outward” and are “very much concerned about professors at other institutions, relationships with external vendors — we work largely with people outside the institution. That is not the perspective of the university library,” he said. University presses must be constantly thinking about revenue, while libraries, he said, are focused on service. At a university press, he said, the motto must many times be “just say no,” as editors turn down book proposals they can’t publish and must do so all the time. The library, he said, is much more of a “yes we can” place, trying to satisfy the faculty and students of the campus.

Maybe through this cultural collision we’ll both learn something valuable.

Doug Armato of the University of Minnesota Press criticized the “polarizing and self-serving rhetoric” of the open access movement. This year’s president of the AAUP, Alex Holzman of Temple UP, predicted that the electronic revolution for book publishing is about to take off and change everything, though he doesn’t see open access as the future of university presses.

But Michael Jensen of the American Academies Press (whose books have been browsable for free online for years) had a different prediction.

In the conference’s final plenary session, “Directions for Open Access Publishing,” Michael J. Jensen, director of strategic Web communications for the National Academies Press, made an extreme version of the adapt-or-die argument for incorporating open access into scholarly publishing. Mr. Jensen entertained the audience with a description of his longtime obsession with crises that threaten life as we know it. Then he went for the Darwinian kill and linked print-based culture with global warming.

“C02 must be radically curtailed,” he said. “Print is CO2-heavy.” How about a business model that would rely on 50 percent digital sales, 25 percent print-on-demand books, and 25 percent institutionally funded open-access publishing? “Open access in exchange for institutional support is a business model for survival,” Mr. Jensen advised, all joking aside.

“If we fail to make these changes, we will be knowing participants in the death spiral,” he warned. “The print book must become the exception, not the rule, as soon as possible.”

Inside Higher Ed has further coverage of the debate over open access and different possible models for long-term sustainability.

More immediate threats to presses facing closure were also on the agenda. Take, for example, LSU Press. They have a terrific list, books that have won Pulitzers and become bestsellers as well as scholarly books that might not find a home elsewhere. Check it out – maybe you’ll find some books that fit your curriculum that should be on your shelves. And maybe it will help sustain a valuable press while together we figure out the best way to disseminate scholarship in the 21st century.

Local Food (for Thought) Movement

LJ Academic Newswire reports that U Penn is the latest to offer scan-on-demand with quality print output. Emory uses the same Kirtas machine to offer a curated collection of books relevant to Emory and to the South, unique in their collections. UMich, which has a rich collection of books scanned through their own efforts and with the Google project, has an Espresso machine standing by reading to instantly print copies. Cornell sells thousands of scanned books printed on demand through Amazon’s POD company.

And Boston Public, in a partnership with the Open Library that seems to have gotten far too little press, will digitize a public domain book of your choice within a matter of days, letting demand drive mass digitization. All you have to do is press a button in their catalog. How cool is that?

It’s interesting how these efforts are described. “An ATM for books.” “Library as Bookstore.” “Library as publisher.” “Amazon partnership.” We’re not quite sure what to call this effort – which is making public domain books available in multiple formats to as many people as possible while recovering costs. Basically, it’s interlibrary loan of non-returnables that happen to be book-sized and often go direct to the patron. It’s a terrific development. But . . . you knew there’d be a but, didn’t you?

By now some of you will have twigged to the fact that partnering with Amazon – particularly for POD fulfillment – is going on my “hey, wait a minute” list. Amazon is a hugely successful company that is able to set terms because it is so big. Their strategy is vertical integration and ownership of every piece of the industry that can be integrated. The only POD company they support is the one they own. The only e-book format they will sell is the one they bought – MobiPocket (which also fuels Kindle). They are the Microsoft of books. Don’t like the way we do things? Tough, ’cause we’re the biggest. You go through us, you get the audience, but you play by our rules.

The more we partner with Amazon, the bigger it gets and the harder it is for local independent bookstores to survive. It’s the same Faustian bargain libraries stuck with Google to digitize books, but it’s harder to argue it’s totally win-win. Independent booksellers lose. That’s a choice we make.

I suggested an even more radical partnership partnership in Library Journal last year, but so far no takers. I’m not really surprised, since it would require regional library consortia having a new-generation machine and expanding delivery of print-on-demand books to local booksellers. But a partnership of publishers, regional library systems, and the local book trade could lead to a greener, more reader-driven supply of books to borrow or buy – and a healthier local community.

I recently caught a blog posting from a bookseller who said of hard times “it’s Mardi Gras over there at the library!” We’ve all seen the news stories about the surge in library use. We have the mojo to refresh a broken book culture using new technologies and new ideas, but before we fashion ourselves as publishers, we should think about what that means to our communities near by.

I know a lot of indie booksellers, and they are dedicated to connecting people to books because they believe that connection matters. They aren’t getting rich. They aren’t trying to boost their profit margin. They’re just trying to pay the rent and stay open. My own campus bookstore is one of the few that isn’t outsourced. It’s an independent bookstore, and I’m proud of that.

If we’re going to become part of the book business, let’s think about how to do it in a way that doesn’t screw over our local partners in connecting books and readers.

The Paperless Dorm Room

It’s always good to start the day with a good laugh.

Joseph Storch has an idea (behind the Chronicle’s pay wall) to deal with textbook piracy – have all publishers put their books on a common electronic platform and let the colleges negotiate a subscription on behalf of students and dole out royalties to publishers based on use. Students will be fine with it because online is where students are at, and if a few students insist on printing content, well, even so “the system could save considerable paper.” And publishers might even start creating some digital content to supplement textbooks. What a concept!

Evidently Mr. Storch, an assistant counsel in the State University of New York’s Office of University Counsel, knows something about intellectual property law, but hasn’t paid much attention to the textbook industry and the masses of expensive online content they bundle with books, or to how students prefer to read. I don’t know about your students, but at our college most students print any online content that they want to read with care. Like most of us, they hate reading long texts on screen and even those suffering from ecological guilt prefer reading, marking up, and (if they’re on the ball) bringing their materials to class so they can refer to it. Professors want students to refer to texts under discussion, but are not universally delighted to face a classroom full of students with their noses buried in laptops. Not all students have laptops. Not all classrooms have wireless access to handle all those laptops at once. (I won’t even touch on the silliness of an ecological argument that landfills full of printed textbooks are a bigger problem than landfills overflowing with electronic junk, heavy metals and all.)

I applaud any attempt to improve the situation for students who have to spend so much on textbooks, but solutions should be proffered with some rudimentary research done beforehand. Libraries have subscribed to bundled electronic content on behalf of students for a long time, and while it means more content is accessible, it doesn’t make it cheaper – nor does it mean students will use more content. And so far, having all content through one platform may be the dream of some of our ambitious vendors, but it’s not likely to happen – or save anybody money.

I also had to laugh that he mentions Harvard Business Review – the outfit smart enough (or should I say greedy enough?) to have licenses with their content bundled into library databases spell out that it cannot be used for courses. For that, you pay more.

[Whoops – as Steven points out in the comments, I read that wrong. It’s Harvard Law Review. I did notice something else, though, that I hadn’t before – the copyright statements on full-text articles in Academic Search Premier vary from publication to publication, and a lot of them specify articles can be downloaded “for personal use.” It makes me wonder if that’s to wriggle out of use of these articles in courses, with links in syllabi or e-reserves systems. But that’s a paranoia for another day . . .]

A cheaper solution? Nice thought, but I doubt it.