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.

Licensing
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)

Negotiation
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.

Following the road of assessment

This Fall semester has been taking off like a rocket. It’s been a little less than a month, but library instruction has been taking up a good chunk of my time. At my institution, American University, we have a program called College Writing. This program requires all incoming freshman to take at least one section of College Writing.

Every faculty member that teaches College Writing is paired with a librarian. At least one library instruction session is required and it’s up to us to shape the lesson so that it’s relevant to the student’s’ current assignment.

This semester is a bit different. I had a total of 18 sections of College Writing, compared to the nine sections I had last Fall. I was prepared for a busy semester. Oh boy, has it been busy and it’s only been 2 weeks!

I could be as detailed as I want about my routine, but it’s basically a chain of communication. I ask the faculty member about learning outcomes, what they want out of this library instruction day, what skill level their students are at, and are the students quiet? Do they participate? Details like these help me out a lot, since I will only see the students in the classroom once or twice in the semester.

As I scheduled classes, reserved rooms, and worked on my class outlines, I struggled with how I would incorporate assessment into my lessons. Assessment is a topic I have been thinking about for a while. To be honest, this was a subject that I had been avoiding because it was something that made me uneasy. I have always told myself “I’ll do it next semester” or “I’ll find more information about it later.”

However, it’s been a year since I have started my job at American and decided that this semester it was time to incorporate assessment into my library instruction. When I think of assessment, I tend to think of a ton of data, a desk full of papers everywhere, and an endless amount of work (OK, I like to exaggerate). Now, I do have some forms of assessment in my classes, but it’s in the form of the questions I ask the students in order to evaluate their familiarity with not only the library, but the resources that we are using in class.

Assessment comes in many forms, but I specifically had one method in mind. Over the summer, I worked with another colleague in doing library instruction for the Summer Transition Enrichment Program (STEP). This program provides incoming freshman with preparation for academic success. STEP is a 7 week residential program that helps students with the transition from high school to college. They have a class that is very similar to a College Writing class, meaning, they have a research paper due by the end of the program. One of the components of that class is a library instruction day. As my colleague and I started preparing to co-teach one of the classes, she asked what form of assessment I do for my College Writing classes.

Immediately, I felt ashamed. All the time I had put assessment off and this was the moment where I finally had to own up to it. However, I have awesome colleagues who don’t poke (too much) fun at me. She talked about the post class questionnaire that she usually did with her students. Together, we came up with a couple of questions for the students in the STEP class. It was not a long process whatsoever, but I came to see that there is actually nothing scary about it, like I had thought.

There are many different types of assessment, ones more complicated and time consuming than my little questionnaire. However, I wanted to start small and with something I was comfortable with.  My library instruction classes only started last week, but I remember getting back the questionnaires and leaving them on my desk for a couple of hours. I was afraid to look at them. What if the students did not learn anything? What if they hated me? What if I was the worst librarian ever?

After a couple hours, I needed to log my classes into our stats. I counted the questionnaires and look through them. To my surprise, the students did well. Now, this is an assessment to help me analyze what the students had trouble comprehending and also the areas where I need to do better.

And guess what happened? I found one area where I realized I needed to explain better and spend a little more time on. It’s only the beginning of the semester and I have already found ways to improve upon and this is what it’s really about. To me, assessment is an opportunity to learn about your teaching and improve as you go along.

As someone who is new to this, I want to continue to learn about assessment. There are a couple of resources that one can turn to:

-Look at your own institution to see if they offer any workshops on assessment. What resources do they offer to help their staff or faculty?

-Research other institutions to see if they have assessment in place or an assessment toolkit

-Research the literature on instruction and assessment to see how other institutions go about it

Finally, your colleagues will be your most valuable tools. What assessment do they do? Take them out for coffee and ask them!

I still have a couple more College Writing classes, but I am going to make it my goal to incorporate even more assessment for next semester’s classes. In other words, I am going to make myself accountable. For next semester, I will write another post on how I plan to incorporate more assessment into my teaching, but I also want to know from our readers, what assessment do you do for library instruction? Stay tuned!

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

 

References:

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

Bite-sized Change

Editor’s Note: We welcome Veronica Arellano-Douglas to the ACRLog team. Veronica is a Research and Instruction Librarian at St. Mary’s College of Maryland. Her research interests include critical librarianship, information literacy, and pedagogy; graphic design and visual communication in libraries; and diversity, equity, and inclusion in LIS.

For years I believed that for change to have any kind of impact, it had to be drastic. I place the blame for this misapprehension squarely on the shoulders of cable TV producers and women’s magazine editors, who seem to have an uncanny ability to tap into the power transformation holds over the human psyche.  

Watch an exhausted working mom’s stunning makeover! See this outdated kitchen become a chef’s dream space! Read about the man who went from couch to triathlon in just 3 months!

I suppose I share some of the blame as well. No one forced me to watch hours of HGTV and What Not to Wear, and yet the promise of drastic change lured me in every time I turned on the TV. There’s inspiration that comes from seeing extreme transformation. It can teach us to dream big and marvel at the amazing capacity humans have for change. It can also be paralyzing. It can overwhelm us with the enormity of the process of change and leave us feeling like we’ll never live up to our potential.

How does change begin?

My library has been in a period of transition over the past few years. Expected retirements, unexpected departures, well-deserved parental leaves, and new additions have all had a significant impact on our library services and the day-to-day work of our library faculty and staff.  Understandably, we’ve been in reaction-mode for a while now–trying to maintain our core mission while deflecting potential negative impacts on services and workflow.

This last academic year was different. It was time for a change of our own making.

Although we continued to tread water in our daily practice, my colleagues and I decided to take a more proactive approach to our relationship with our students. Knowing that our Anthropology faculty frequently collaborated with campus units on ethnographic research projects for its majors, in fall 2015 we offered ourselves and the Library as “clients” to students in an Applied Anthropology course. Our intent was the learn more about the students at our quirky, small, public, liberal arts, honors college. We wanted to know more about how they integrate the library’s resources into their academic work, interact with librarians, and use the library space throughout their day. Working under the guidance and mentorship of their professor and experienced researcher Dr. Bill Roberts, the Applied Anthropology students created research questions, determined which ethnographic research methods would best answer those questions, and carried out the methods with us–the librarians–as additional researchers.

It was participatory action research at its best. Librarians and students were both researchers and research “subjects,” continuously making meaning from discussions with one another and modifying research questions as new information was gathered. Everyone had a stake in this project. The anthropology faculty member and students were so enthused that they continued their work in a new class in the spring and will likely take it up again this coming fall. You can read more about the project and our specific methods on our Library Ethnography Project Libguide.

What do we do with all this information?

This ethnographic project was meaningful as an act of collaboration and as an opportunity for faculty, students, and librarians to learn from one another. But it was also important to all of us that this process be practical, that it produce data that would lead to positive change for the library and students. Or, in the words of one of my amazing colleagues, “So… we’re actually doing to do something with this information, right?”

Right. But what exactly should we do?

Qualitative data (the kind gathered from surveys, focus groups, and free-listing) is big, unwieldy, and complex. It can feel intimidating and overwhelming. It’s easy to give into the mistaken belief that just because the project itself was big–lots of time, lots of people involved–the changes it inspires need to be equally big. There’s pressure to create the kind of dramatic transformation that would lead to a research article, a feature in Library Journal, or a mention in AL Direct.

But change doesn’t have to be big to be impactful.  

One of our project collaborators, a cataloger by training, grouped and categorized much of the qualitative information gleaned from our open-ended survey questions and focus groups into “actionable issues.” (Annie Armstrong, Catherine Lantz, Annie Pho, and Glenda Insua gave a fantastic presentation at LOEX 2016 on action coding, or coding qualitative information for change if you’re interested in learning more about this practice.) What was most surprising to us was the mundanity of the issues and concerns our students brought up again and again:

  • The temperature in the building is erratic and uncomfortable.
  • Our discovery layer is confusing and unhelpful at times.
  • There are never enough outlets available.
  • It is not clear where certain things are located in the library or what services are available.
  • Reservations for group study rooms are confusing.
  • The library is too loud.

There were of course, other issues, but you can see that the over all theme centers around quite small, ground-level, day-to-day issues. They don’t require a giant library renovation or a complete overhaul of services, but they do inspire change. Through this project, we’ve learned that there are small things we can change about our library and our work that can positively impact our students’ experiences in the library. Things like

  • Designating a portion of our 2nd floor as quiet study space.
  • Posting daily reservation schedules on our group study room doors.
  • Creating aesthetically-pleasing and cohesive signage for our library.
  • Changing our implementation of the default discovery layer settings.
  • Creating monthly PSAs and advertising campaigns highlighting specific library services, parts of the collection, or aspects of the building.
  • Making more extension cords available around the building for student use.

These are our immediate responses to things that are directly under our control. They aren’t earth-shattering, but we think they’ll make a difference to our students and be noticeable to them in the fall. We also have long-term actions we’d ultimately like to see happen, but we aren’t letting the need for radical transformation prevent us from making the small, necessary changes that are easy for a small library like ours.

There’s still another month left before our students return and classes begin, and we’re using the time to carry out some of the actions listed above. What kind of changes (big or small) have you implemented or discussed in your library this summer?

Reflections on the past year

It’s been almost one year since I moved to Washington DC and began my residency position at American University. Last year, for my very first ACRLog post, I wrote a little about my job description as a Resident Librarian. Next month will mark my one year anniversary at American University.

I am glad to say that my first year has been fantastic. I have great colleagues and amazing support from the library. I have also had the opportunity to participate in symposiums, attend conferences, contribute to university service, and meet great people from outside the library and around the university.

Beyond my work at American University, I have been blessed to be able to write for ACRLog and obtain other opportunities through ACRL. While it’s been a great year, I have learned a couple of things that will make me a better librarian in the long run. I believe that even if you’ve had positive experiences, there are always new things to learn and ways to improve as a librarian.

Here are some things that I have learned the past year:

-Go outside your comfort zone. I know that for myself, I can be a bit shy. However, I know that I am also a professional and that going outside of your comfort zone and experiencing new things is vital for not only personal growth, but professional growth. For me, going outside my comfort zone means talking and interacting to people outside the library. I am currently working on a project where I have reached out to different departments in the university. Through those email exchanges and meetings, I have learned more about our students and the challenges that lie for incoming freshman.

-Participate when you can! One of the great things about my residency is that I have the opportunity to work with other departments, such as technical services or access services. I also participate in the marketing and social media groups, which has not only librarians, but other staff members from departments within the library. These are great opportunities to meet new people and learn about what others do at the library and what their interests are.

-Prioritize conferences. As a new librarian, I was excited about all the conferences and all the great locations they would be held at. However, these conferences cost money and with airfare, hotel, and food, it can get expensive! I am lucky enough to have professional development funds through my position. I also know that not everyone has funds through their place of employment and so they cannot attend many (if any) conferences that are not in their area. I would suggest looking within your own place of employment and finding workshops or small symposiums taking place. I have found these events very informative, especially since they relate to that specific environment. As I have been fortunate enough to attend a couple of conferences this past year, I have learned the immense talent that the librarianship profession has. One of my  favorite parts of conferences is meeting new people and finding out what everyone is working on.

In terms of prioritizing conferences, it is going to be different for everyone. Personally, I like to go to conferences that have an emphasis in my own interests and my future career plans.

-Rejection is not the end of the world. Like my residency position ACRLog post, I also wrote one about rejection. While it hurts for a little while, you must learn from it and continue. It might have been the first time, but it won’t be the last time. So, how do we move forward? Over the course of a year, I have focused on a couple things. First, working with people on proposals is helpful. It allows you to not only write, but learn from others and different styles. Second, write for yourself. When I do this, I do not write about work. I write about my life, my dreams, and anything that pops into my head. What is important is that you move forward and try again.

-Volunteer. When I arrived in DC, I promised myself that I would take the time to volunteer. Specifically, I wanted to work with English as a Second Language speakers (ESL). However, I wanted to wait until I got settled in DC.  A couple months ago, I started co-teaching ESL classes once a week. It’s very rewarding when a student who struggled at the beginning, begins to improve every week. Although this is separate than my library work, this experience has shaped how I teach. The ESL program that I am part of is very informal. Teachers have the freedom to either use the ESL book that has been provided with lesson plans or use their own content and design it their way.

I have been using a mix of two, but most importantly, I have learned how to better improvise. During the classes, students will begin to ask questions that cause myself and the co-teacher to further explain a topic. For example, we had a lesson about food and it turned out that a lot of students were unfamiliar with breakfast food vocabulary. So, after the break, the other co-teacher and I decided to do an activity to familiarize the students with that vocabulary.

I think that any instruction experience can serve to improve your teaching and having a diverse set of students will only help you improve and better understand different ways of learning and comprehension.

Finally, I always like to remember that my residency position and my colleagues are the reason that I have had great opportunities over the past year. I am also glad to say that I will continue with ACRLog for another year and look forward to writing more about my residency and the projects I am participating in, as well as collaboration within and outside of the library.