NAME: GAYLE JAE ANNE FLORES SUBJECT: LIS102
COURSE: BLIS 1 ASSIGNMENT: #01-MIDTERM
Difference of published and self-published materials and its example
Published Materials
refer to any written or artistic works that have been formally produced and made
publicly available through established distribution channels, such as books, journals,
articles, and digital content.
Characteristics:
• Selection: These materials are typically selected through a formal acquisition
process, often involving librarians who review and assess the relevance and
quality of the works.
• Acquisition: Libraries acquire published materials through established
vendors, publishers, and sometimes donations.
• Cataloging & Classification: They are professionally cataloged and classified,
making them easily searchable within the library's system.
• Examples: You'll find works by Filipino authors published by major publishing
houses like Anvil Publishing, Ateneo de Manila University Press, University of
the Philippines Press, and Visprint.
o Examples in Philippine libraries:
▪ "Noli Me Tangere" and "El Filibusterismo" by Jose Rizal
Pp(published by various established publishers).
▪ Works by National Artists such as Nick Joaquin, F. Sionil Jose,
and Bienvenido Lumbera, published by reputable presses.
▪ Academic journals and books published by university presses.
Self-Published Materials
are works created and distributed by the authors themselves without the involvement
of traditional publishing houses. This allows authors to maintain complete control
over the content, design, and marketing of their work. Self-published materials can
include books, e-books, articles, and other forms of creative content that are made
available to the public through various platforms, often bypassing conventional
publishing processes.
Characteristics:
• Acquisition Challenges: libraries may find it more challenging to acquire self-
published materials due to a lack of formal distribution channels and quality
control assessments.
• Selection Criteria: Librarians might use different criteria when considering self-
published works, focusing on local relevance, unique perspectives, and
community interest.
• Visibility: Self-published works may have lower visibility within the library's
collection unless actively promoted.
• Examples: Self-published materials in libraries are becoming more common,
especially those that focus on local history, culture, or niche interests.
o Examples:
▪ Local history books published by small, independent presses or
by the authors themselves, focusing on specific towns,
provinces, or historical events in the Philippines.
▪ Poetry collections or novels by emerging Filipino writers who
chose to self-publish.
▪ "Komiks" (Filipino comics) created and published independently
by Filipino artists.
Types of tools and resources categorized by subjects
Resources may be categorized by subject. These divisions may be broad
(humanities, social sciences, sciences), narrower (literature, sociology, engineering),
or very refined (American literature, family social science, chemical engineering).
Often, the categories are described by divisions in a classification scheme, typically
the Library of Congress or Dewey Decimal systems. Some genres are more
frequently found within subjects and disciplines. For example, the sciences rely
heavily on proceedings and research reports. Tests and other measurement tools
are part of the education and psychology literature.
1. Writing & Language Arts
• Writing Tools:
o Grammar & Style Checkers: Grammarly, ProWritingAid, Hemingway
Editor
o Citation Management: Zotero, Mendeley, EndNote
o Plagiarism Checkers: Turnitin, Copyscape, Quetext
o Word Processors: Microsoft Word, Google Docs, LibreOffice Writer,
Scrivener (for long-form writing)
o AI Writing Assistants: Jasper.ai, Copy.ai, Rytr
• Resources:
o Dictionaries & Thesauruses: Merriam-Webster, Oxford Dictionaries,
Thesaurus.com
o Style Guides: AP Stylebook, MLA Handbook, Chicago Manual of Style
o Online Writing Communities: Critique Circle, Scribophile, Reddit writing
subreddits (r/writing, r/fantasywriters, etc.)
o Literary Databases: JSTOR, Project Gutenberg, Google Scholar (for
academic writing)
o Writing Courses/Tutorials: Coursera, Udemy, MasterClass
2. Mathematics
• Calculation & Analysis Tools:
o Scientific Calculators: Desmos, Texas Instruments calculators (physical
or emulated)
o Mathematical Software: MATLAB, Mathematica, Maple
o Statistical Software: R, SPSS, SAS
• Resources:
o Online Math Platforms: Khan Academy, Wolfram Alpha, Symbolab
o Math Textbooks: OpenStax, various university press publications
o Math Forums: Math Stack Exchange
o Graphing Tools: Desmos, GeoGebra
o Statistical Data Sources: Government data portals (e.g., data.gov),
World Bank data, OECD data
3. Science (General)
• Data Analysis & Visualization Tools:
o Spreadsheet Software: Microsoft Excel, Google Sheets
o Graphing & Plotting: Origin, GraphPad Prism
o Image Analysis: ImageJ/Fiji
• Resources:
o Scientific Journals: Nature, Science, PNAS
o Online Scientific Databases: PubMed, Web of Science, Scopus
o Science Education Websites: PhET Interactive Simulations, Khan
Academy (for science)
o Lab Equipment Simulators: Various online simulations depending on
the specific discipline
o Scientific Literature Search Engines: Google Scholar, Semantic
Scholar
4. History
• Research & Archival Tools:
o Historical Databases: JSTOR, ProQuest History Vault
o Digital Archives: National Archives, Library of Congress Digital
Collections
o Genealogy Software: Ancestry.com, MyHeritage
• Resources:
o Historical Maps: David Rumsey Map Collection, Perry-Castañeda
Library Map Collection
o Primary Source Collections: Avalon Project, Internet History
Sourcebooks Project
o Historical Societies & Museums: Websites of national and local
historical organizations
o Academic History Journals: The American Historical Review, The
Journal of Modern History
5. Computer Science & Programming
• Coding & Development Tools:
o Integrated Development Environments (IDEs): Visual Studio Code,
IntelliJ IDEA, Eclipse
o Text Editors: Sublime Text, Atom
o Version Control Systems: Git (with GitHub, GitLab, or Bitbucket)
o Debuggers: Built into most IDEs
• Resources:
o Programming Languages Documentation: Official documentation for
Python, Java, JavaScript, etc.
o Online Coding Platforms: Codecademy, freeCodeCamp, LeetCode,
HackerRank
o Online Forums: Stack Overflow
o Open-Source Projects: GitHub
o Cloud Computing Platforms: AWS, Google Cloud, Azure
6. Art & Design
• Creation & Editing Tools:
o Digital Painting & Illustration: Adobe Photoshop, Procreate, Clip Studio
Paint
o Vector Graphics: Adobe Illustrator, Inkscape
o 3D Modeling: Blender, Autodesk Maya, SketchUp
o Video Editing: Adobe Premiere Pro, DaVinci Resolve, Final Cut Pro
o Audio Editing: Audacity, Adobe Audition
• Resources:
o Online Art Communities: DeviantArt, ArtStation
o Stock Photography & Graphics: Unsplash, Pexels, Adobe Stock
o Design Inspiration Websites: Behance, Dribbble
o Color Palette Tools: Adobe Color, Coolors
o Typography Resources: Google Fonts, MyFonts
7. Business & Economics
• Analysis & Management Tools:
o Spreadsheet Software: Microsoft Excel, Google Sheets
o Accounting Software: QuickBooks, Xero
o Project Management Software: Asana, Trello, Jira
o Customer Relationship Management (CRM): Salesforce, HubSpot
• Resources:
o Business News & Data: Wall Street Journal, Bloomberg, Financial
Times, Statista
o Economic Data Sources: World Bank, International Monetary Fund
(IMF)
o Online Business Courses: Coursera, edX, LinkedIn Learning
o Industry Research Reports: IBISWorld, MarketResearch.com
8. Social Sciences (e.g., Psychology, Sociology, Political Science)
• Data Analysis Tools:
o Statistical Software: SPSS, R, Stata
o Qualitative Data Analysis Software: NVivo, Atlas.ti
• Resources:
o Academic Journals: American Sociological Review, American Political
Science Review, Journal of Abnormal Psychology
o Research Databases: JSTOR, ProQuest, Sociological Abstracts,
PsycINFO
o Survey Tools: SurveyMonkey, Google Forms, Qualtrics
o Government Data Sources: U.S. Census Bureau, UN Data
Format
Format often guides how the material is handled in the
library—whether it is represented in the library’s catalog, who catalogs it, and, if a
physical object, how it is marked, shelved or stored, and circulated. Other formats
are manuscripts and archives, maps, slides, pictures, globes, kits, models, games,
and realia. Distinguishing between formats may seem a simple approach, but it
ignores the variety of genre present in many formats. For examples, microforms may
be monographs, newspapers, journals, magazines, or government documents. E-
resources may be databases, e-books, e-journals, streaming media (digital video
and music), data sets, and more.
Genre
Genre is often mingled incorrectly with format when discussing types of materials.
Genre categories include monographs, monographic series, monographic sets,
manga and anime, graphic novels, zines, dissertations, musical scores, newspapers,
application software, numeric data sets, exhibition catalogs, pamphlets, novels,
plays, manuals, websites, encyclopedias,ephemera, gray (or grey) literature, indexes
and abstracts, directories, journals, magazines, textbooks, and government
documents. A single genre may be presented in several formats.For example, serial
publications can be acquired in print, microform, and digital formats.
Ranganathan's Laws: Collection development and selection decision
Ranganathan proposed his five laws of library science,
which include “every reader his or her book” and “every book its reader.”17 In an
ideal situation, a collections librarian will have a written collection development policy
that describes the library’s mission and user community and provides guidance for
developing and managing a collection and the subsection or category for which he or
she is responsible. In the absence of a local policy, the librarian aims to understand
the informal guidelines for collection building through a review of the collection and
consultation with other librarians.Familiarity with the community and the collection
guidelines or policy statement is one of the building blocks of good selection. To this
is added knowledge of the literature for which the librarian is responsible. The
librarian with a firm grasp of these elements is equipped to begin selection.
Ranganathan's Five Laws
1. Books are for Use
a. Meaning: The primary purpose of books is to be utilized by readers.
Libraries should prioritize acquiring materials that are in demand and
relevant to their community.
b. Collection Development Implication: Libraries should focus on selecting
materials that cater to the interests and needs of their users, ensuring
that collections are accessible and user-friendly.
2. Every Reader His/Her Book
a. Meaning: Every individual has unique interests and needs, and libraries
should strive to provide a diverse range of materials to satisfy these
preferences.
b. Collection Development Implication: Selection decisions should
consider the varied demographics, interests, and reading levels of the
community, ensuring inclusivity in the collection.
3. Every Book Its Reader
a. Meaning: Every book has a potential audience or reader who will
benefit from its content.
b. Collection Development Implication: Libraries should actively promote
lesser-known or specialized materials to connect them with the right
audience, enhancing user engagement with the collection.
4. Save the Time of the Reader
a. Meaning: Libraries should facilitate easy access to information and
resources, minimizing the time users spend searching for materials.
b. Collection Development Implication: Selection decisions should focus
on acquiring materials that are well-organized, cataloged, and easily
retrievable. This may include investing in user-friendly technology and
systems to enhance access.
5. The library is a Growing Organism
a. Meaning: Libraries must evolve continuously to meet changing user
needs and advancements in technology.
b. Collection Development Implication: Collection development should be
an ongoing process that involves regular assessment of user needs,
trends in publishing, and emerging technologies. Libraries should adapt
their collections accordingly to remain relevant.
Drury Perspective: Collection development and selection decision
Drury's perspective on collection development emphasizes a systematic and
thoughtful approach to building library collections that meet the needs of users. This
perspective integrates various factors, including user needs, community context, and
the evolving landscape of information resources. Drury stated,“The high purpose of
book selection is to provide the right book for the right reader at the right time.”
Key Components of Drury's Perspective
1. User-Centered Focus
a. Understanding User Needs: Drury advocates for a deep understanding
of the community served by the library. This involves conducting
surveys, focus groups, and interviews to gather insights about users'
interests, preferences, and information-seeking behaviors.
b. Tailored Collections: The collection should reflect the specific needs
and demographics of the community, ensuring that materials are
relevant and accessible.
2. Community Context
a. Local Relevance: Collection development should consider local history,
culture, and issues that resonate with the community. This enhances
the library’s role as a community hub and resource.
b. Partnerships: Collaborating with local organizations, schools, and
community groups can help identify gaps in the collection and promote
shared resources.
3. Diverse Formats and Media
a. Variety of Resources: Drury emphasizes the importance of including a
wide range of formats—books, e-books, audiobooks, databases,
multimedia resources, and digital content—to cater to different user
preferences.
b. Emerging Technologies: Libraries should stay current with
technological advancements and trends in information consumption to
ensure that collections remain relevant.
4. Selection Criteria
a. Quality Over Quantity: Selection decisions should prioritize high-quality
materials that provide value to users rather than simply increasing the
number of items in the collection.
b. Evaluation Metrics: Establishing clear criteria for selection—such as
relevance, accuracy, authority, diversity of perspectives, and user
demand—can guide decision-making.
5. Ongoing Assessment and Weeding
a. Regular Evaluation: Continuous assessment of the collection is
essential to determine which materials are being used effectively and
which may need to be removed or replaced.
b. Weeding Practices: Libraries should implement systematic weeding
practices to ensure that outdated or underutilized materials do not take
up valuable space in the collection.
6. Budget Considerations
a. Resource Allocation: Drury emphasizes the importance of strategic
budgeting for collection development. This involves allocating funds
based on user needs, emerging trends, and potential impact.
b. Cost-Effectiveness: Libraries should seek cost-effective solutions for
acquiring materials while ensuring quality.
Application in Collection Development and Selection Decisions
• Conducting Needs Assessments: Libraries can implement regular
assessments to gauge user interests and adapt collections accordingly.
• Community Engagement Initiatives: Hosting events or workshops can help
libraries connect with users and understand their needs better.
• Diverse Acquisition Strategies: Libraries can diversify their acquisition
strategies by exploring partnerships with local authors or publishers to
enhance local representation in their collections.
• Data-Driven Decision Making: Utilizing circulation statistics, usage data from
digital resources, and user feedback can inform selection decisions.
• Flexible Policies: Developing flexible collection development policies allows
libraries to respond quickly to changing user needs or emerging trends in
information consumption.
List & types of Bibliographies
Many tools and resources exist to help librarians find the basic, factual information
about authors, titles, publishers, and topics required to identify possible items for
selection. Bibliographies and lists may be issued by libraries, library publishers,
school systems, professional societies, and commercial publishers. Lists of
recommendations are prepared by library associations and other professional
associations. Several sources list books that have received awards, such as the
Pura Belpré Awards and the Newbery and Caldecott Medal Books. Bibliographies
published by commercial publishers are usually available as an online resource
(which is constantly updated), a print subscription (which may be updated annually
or perhaps quarterly), or a monograph issued in revised editions. Bibliographies and
lists provide guidance for filling gaps in existing collections. For example, a young
adult librarian seeking to increase a collection of audiobooks could consult the
“Amazing Audiobooks” lists issued annually by the Young Adult Library Services
Association (www.ala.org/yalsa/amazing-audiobooks). Indexing and abstracting
resources provide a list of the titles indexed, which can be checked against library
holdings. Some resources identify specific types of publications, such as graphic
novels. 19 Numerous books, often published in revised editions because the
universe of titles changes constantly, offer guidance in selecting books for specific
user communities. Some sources focus on specific age groups.20 Bibliographies
and lists are not, however, inclusive, available in every field, nor always annotated.
Even well-respected and long-standing selection guides, such as the Public Library
Core Collection: Nonfiction, may lack a balanced perspective, because they are
developed and maintained by individuals (each of whom have their own points of
view and expertise) working together.
Types of Serials
A serial is “a publication in any medium issued in successive parts bearing numerical
or chronological designations and intended to be continued indefinitely.”39 Many
librarians interchange the terms serial and periodical. Serials include general
magazines, which provide recreational reading and popular sources of information
on current social and political issues; scholarly and scientific journals, which are
often specialized and directed to a narrow audience; annual reports and house
organs of businesses; trade and technology-focused magazines; and “little
magazines,” which concentrate on literature, politics, or both and often fall within
what is known as alternative literature.When selecting a serial, the collections
librarian pays particular attention to the purpose of the publication and to where it is
indexed. Magazines, trade journals, scholarly periodicals, and so on each have an
intended audience. The evaluation criteria set out in this chapter are generally
applicable to all. A public library might consider whether a popular magazine is
indexed in Readers Guide to Periodical Literature.40 Part of evaluating a scholarly
journal is considering the credentials of the editors and reviewers to determine the
rigor with which submissions are analyzed.
Although e-serials are gaining dominance in many libraries (especially research and
academic libraries), print may be preferred for the following reasons:
• user preference (print is needed for particular research practices, especially
high-profile titles or those that are heavily used in print format)
• content (content of print differs from that of the electronic version, print
has significant artifactual or aesthetic value, print journal functions better
as a browsing journal or current awareness source, images and graphics are
unavailable or of poorer quality in the electronic journal)
• current availability (the provider of the electronic journal is technically
unreliable or does not provide prompt technical support, the electronic
issue is not made available promptly)
• cooperative resource sharing (i.e., the contract does not permit interlibrary
lending the e-format)
• consortial commitment (i.e., the library has agreed to retain the print
format as part of a larger collaborative preservation effort)
Here’s a breakdown of the main types of serials:
1. Periodicals
Periodicals are publications that are issued at regular intervals, such as daily,
weekly, monthly, or quarterly. They cover a wide range of topics and can be further
categorized into:
• Magazines:
o Generally aimed at a broad audience and cover various topics such as
lifestyle, fashion, health, and entertainment.
o Examples: Time, Vogue, National Geographic.
• Journals:
o Scholarly publications that present research findings, reviews, and
discussions on specific academic disciplines.
o Examples: The Journal of the American Medical Association (JAMA),
Nature, The American Historical Review.
• Newspapers:
o Daily or weekly publications that report on current events, politics,
business, and local news.
o Examples: The New York Times, The Guardian.
2. Annuals
Annuals are publications that are released once a year. They often compile
information from the previous year or provide an overview of developments in a
specific field.
• Examples:
o Yearbooks (e.g., World Almanac)
o Annual reports (e.g., corporate annual reports)
3. Proceedings
Proceedings are collections of papers or presentations delivered at conferences or
meetings. They document the discussions and findings presented during these
events.
• Examples:
o Proceedings of the National Academy of Sciences
o Conference proceedings published by professional associations.
4. Serials in Electronic Format
With the rise of digital publishing, many serials are now available in electronic
formats. These can include:
• E-Journals:
o Online versions of academic journals that may offer additional features
like multimedia content or interactive elements.
• Blogs:
o Regularly updated online platforms covering various topics, often
providing informal commentary or analysis.
• Online Magazines:
o Digital versions of print magazines that may include interactive features
or exclusive online content.
5. Bulletins
Bulletins are short publications that provide updates or announcements about
specific subjects or organizations. They may be issued periodically but are often less
formal than journals.
• Examples:
o Newsletters from organizations
o Institutional bulletins providing updates on activities or research.
6. Reports
Reports are detailed documents that present findings on specific topics or research
projects. They can be published by government agencies, research institutions, or
non-profit organizations.
• Examples:
o Research reports
o Policy briefs
E-journals & Continuing resources
The term e-journal is often used to describe any serial that is available electronically.
Continuing resource is an umbrella term for serials (issued successively over time)
and all types of integrating resources that continue over time (indexing and
abstracting tools with and without associated full-text articles, online encyclopedias,
directories, dictionaries, statistical compendia). The term continuing resource
indicates the continuing financial obligation implicit in selecting it. The financial
commitment incurred with a serial subscription or other continuing resource is
significant. The library pays, usually on an annual cycle, for serials before they are
published and for access to e-resources for a period of time into the future. When
selecting a new title, a librarian needs to consider if the library budgets can
accommodate annual increases for these materials that are often in excess of
normal collections budget growth. He or she must be prepared to cancel continuing
resources to operate within available funds and as part of the selection process for
new resources.
1. E-journals:
• Definition: E-journals are electronic journals. They are digital versions of serial
publications, typically scholarly or academic in nature. They often mimic the
content and structure of their print counterparts, but are accessed online.
• Key Characteristics:
o Seriality: Published in a series, usually at regular intervals (e.g.,
monthly, quarterly, annually).
o Content: Primarily peer-reviewed articles, research papers, reviews,
and scholarly discussions.
o Access: Accessed online via a web browser, often requiring a
subscription or institutional access.
o Format: Typically, in PDF or HTML format.
• Examples:
o PLOS ONE
o Journal of the American Medical Association (JAMA) (online version)
o Nature (online version)
2. Continuing Resources:
• Definition: Continuing resources are publications issued over time with no
predetermined conclusion. They are intended to continue indefinitely. This is a
broader category than e-journals, and can include various types of materials.
• Key Characteristics:
o Seriality: Published in successive parts, usually bearing numbering or
dates.
o Ongoing: Intended to be continued indefinitely.
o Variety: Includes serials, integrating resources, and other types of
publications.
o Formats: Can be print, electronic, or other formats.
• Examples:
o E-journals
o Annual Reports
o Conference proceedings published regularly
o Regularly updated databases
o Loose-leaf publications (e.g., legal resources)
o Websites that are continuously updated (integrating resources)
E-resources and "Licensing" Libraries
E-resources, or electronic resources, refer to digital materials that are accessible via
electronic devices, including databases, e-journals, e-books, and other online
content. Licensing is a crucial aspect of managing these resources in libraries, as it
governs how these materials can be accessed, used, and shared.
Understanding E-Resources
Types of E-Resources:
1. E-Journals: Digital versions of scholarly journals that provide access to
articles and research papers.
2. E-Books: Digital books that can be read on various devices, often available
through library platforms.
3. Databases: Collections of academic articles, reports, statistics, and other
information organized for easy access (e.g., JSTOR, ProQuest).
4. Multimedia Resources: Includes videos, audio recordings, and interactive
content available online.
5. Websites and Online Archives: Digital collections of documents, images, and
historical records.
Licensing E-Resources
Licensing refers to the legal agreements between libraries and content providers that
dictate how e-resources can be used. These agreements are essential for protecting
both the rights of the content creators and the needs of library users.
Key Aspects of Licensing:
1. Types of Licenses:
a. Site License: Allows access to all users within a specific institution
(e.g., a university).
b. User License: Limits access to a specific number of users or devices at
a time.
c. Consortial License: Enables multiple libraries to share access to
resources under a single agreement.
2. Usage Rights:
a. Licenses outline what users can do with the resources, including:
i. Downloading and printing articles
ii. Sharing materials for educational purposes
iii. Using content in presentations or research
b. Restrictions may also apply regarding commercial use or redistribution.
3. Access Control:
a. Licensing agreements often specify how users will authenticate their
access (e.g., IP authentication, username/password).
b. Libraries must ensure compliance with these access control measures
to maintain their licensing agreements.
4. Duration of License:
a. Licenses may be for a fixed term (e.g., one year) or perpetual (ongoing
access).
b. Libraries need to track renewal dates and negotiate terms as needed.
5. Cost Considerations:
a. Licensing fees can vary widely based on the type of resource, the size
of the institution, and the scope of access.
b. Libraries must budget for these costs while considering user demand
and resource availability.
Implications for Libraries
1. Collection Development:
a. Licensing impacts the selection of e-resources based on user needs,
budget constraints, and available licenses.
b. Libraries often prioritize resources that provide broad access and align
with their mission.
2. User Education:
a. Libraries must educate users about the terms of use associated with
licensed materials.
b. Training sessions or informational materials can help users understand
their rights and responsibilities when accessing e-resources.
3. Compliance Monitoring:
a. Libraries need to monitor usage to ensure compliance with licensing
agreements.
b. This may involve tracking downloads, user sessions, and access
patterns to report back to providers if required.
4. Negotiation Skills:
a. Librarians often engage in negotiations with publishers and vendors to
secure favorable licensing terms.
b. Building relationships with providers can lead to better deals and more
tailored resources for library users.
E-resources play a vital role in modern library services by providing accessible
information across various formats. Licensing is essential for managing these
resources effectively while ensuring compliance with legal agreements. By
understanding the intricacies of licensing agreements, libraries can enhance their
collections, support user needs, and navigate the complexities of digital resource
management successfully.
Ownership to licensing
When it comes to acquiring and using resources, libraries often face the choice
between ownership and licensing. Understanding the differences between these two
concepts is crucial for effective collection development and resource management.
Ownership Definition:
Ownership refers to the outright purchase of a resource, granting the library
permanent rights to that item. This typically applies to physical materials (like books
and DVDs) and can extend to digital resources in certain cases.
Key Characteristics:
1. Permanent Access:
a. Once a library owns a resource, it has indefinite access to that item
without ongoing fees or restrictions.
2. Control:
a. The library has full control over how the resource is used, including the
ability to lend it out, resell it, or archive it as needed.
3. No Usage Restrictions:
a. Ownership often comes with fewer limitations on how the resource can
be accessed or shared within the institution.
4. Costs:
a. Libraries typically pay a one-time fee for ownership, which can be cost-
effective in the long run for frequently used materials.
Examples:
• A library purchasing a physical book from a publisher.
• A library acquiring a digital copy of a report that allows for unlimited access
without restrictions.
Licensing Definition:
Licensing involves entering into an agreement with a content provider that grants the
library specific rights to use a resource under defined terms. This is common for
digital materials, such as e-journals and databases.
Key Characteristics:
1. Temporary Access:
a. Licenses usually provide access for a fixed term (e.g., one year) and
may require renewal or renegotiation.
2. Usage Restrictions:
a. Licensing agreements often come with specific terms that dictate how
resources can be used, including limitations on downloading, sharing,
or redistributing content.
3. Cost Structure:
a. Libraries typically pay ongoing fees for licensed resources, which can
vary based on usage levels, number of users, or institutional size.
4. Access Control:
a. Licensing agreements may require libraries to implement access
control measures (e.g., IP authentication) to ensure compliance with
usage terms.
Examples:
• A library subscribing to an e-journal database where users can access articles
but cannot download them for redistribution.
• A library purchasing a license for an educational software program that allows
access for a limited number of simultaneous users
The choice between ownership and licensing significantly impacts how libraries
acquire and manage their collections. Understanding these differences helps
libraries make informed decisions that best serve their communities while navigating
the complexities of resource access in an increasingly digital environment. By
weighing the benefits and limitations of each approach, libraries can develop robust
collections that meet user needs effectively. Ownership is permanent, Licensing is
temporary use based on a contract. Libraries must weigh costs and benefits to
decide which is best.
Contracts and Agreements
Contracts and agreements are essential components of library operations,
particularly when it comes to acquiring resources, services, and partnerships. Here’s
a concise overview:
1. Definition
• Contracts: Legally binding agreements between two or more parties that
outline specific obligations, rights, and responsibilities.
• Agreements: Broader terms that can include contracts but may also refer to
informal understandings or memorandums of understanding (MOUs) that are
not legally binding.
2. Types of Contracts and Agreements in Libraries
• Licensing Agreements:
o Used for e-resources (e-journals, databases).
o Specify terms of access, usage rights, and restrictions.
• Purchase Agreements:
o For acquiring physical or digital materials.
o Outline payment terms, delivery schedules, and ownership rights.
• Service Contracts:
o For services such as cataloging, IT support, or maintenance.
o Define service expectations, timelines, and compensation.
• Partnership Agreements:
o Collaborations with other institutions or organizations.
o Detail roles, responsibilities, and resource sharing.
• Membership Agreements:
o For consortia or cooperative library networks.
o Specify membership benefits, fees, and obligations.
3. Key Elements of Contracts and Agreements
• Parties Involved: Clearly identify all parties in the agreement.
• Scope of Work: Define what is being provided or expected.
• Terms and Conditions: Outline the specifics of the agreement including
duration, payment terms, and renewal options.
• Confidentiality Clauses: Protect sensitive information shared between parties.
• Termination Clauses: Specify conditions under which the agreement can be
terminated.
• Dispute Resolution: Outline how disputes will be handled (e.g., mediation or
arbitration).
4. Importance for Libraries
• Legal Protection: Contracts provide legal recourse in case of disputes or non-
compliance.
• Clarity and Accountability: Clearly defined agreements help ensure that all
parties understand their obligations.
• Resource Management: Effective contracts help libraries manage their
resources efficiently and ensure compliance with usage terms.
Contracts and agreements are vital for libraries to secure resources and services
while protecting their interests. Understanding the types and key elements involved
helps librarians navigate the complexities of legal agreements effectively.
Components of a contract
A contract is a legally binding agreement between two or more parties that outlines
specific terms and conditions. Here are the essential components that make up a
valid contract:
1. Offer
• Definition: A clear proposal made by one party (the offeror) to another (the
offeree) indicating a willingness to enter into an agreement.
• Example: A library offers to purchase a subscription to an e-journal for a
specified price.
2. Acceptance
• Definition: The agreement of the offeree to the terms of the offer, which must
be communicated clearly and unambiguously.
• Example: The library accepts the offer by signing the contract or sending a
confirmation email.
3. Consideration
• Definition: Something of value exchanged between the parties, which can be
money, services, or goods. It is what each party agrees to give or perform for
the other.
• Example: The library pays a subscription fee in exchange for access to the e-
journal.
4. Mutual Consent
• Definition: Both parties must agree to the terms of the contract voluntarily and
without coercion or undue influence.
• Example: Both the library and the vendor willingly enter into the agreement
after negotiations.
5. Capacity
• Definition: The legal ability of the parties to enter into a contract. This typically
means that both parties are of legal age and sound mind.
• Example: A library director signs a contract on behalf of the library, having the
authority to do so.
6. Legality
• Definition: The purpose and terms of the contract must be lawful and not
violate any laws or public policy.
• Example: A contract for purchasing legal resources is valid, whereas a
contract for illegal materials would be void.
7. Written Document (if required)
• Definition: While not all contracts need to be in writing, certain types (like real
estate transactions or agreements lasting more than one year) must be
documented to be enforceable.
• Example: A written agreement detailing the terms of an e-resource
subscription.
8. Terms and Conditions
• Definition: Specific provisions that outline the rights and obligations of each
party under the contract.
• Example: Payment terms, delivery schedules, usage rights, and termination
clauses.
Understanding these components is crucial for creating valid contracts that protect
all parties involved. Each element plays a significant role in ensuring that an
agreement is enforceable and meets legal standards. When drafting or reviewing
contracts, it’s essential to ensure that all these components are clearly defined and
agreed upon by all parties.
Pricing and condition
Pricing and conditions are critical elements of contracts that define the financial
aspects and terms under which the agreement operates. Here’s a concise overview
of each:
1. Pricing
Pricing refers to the amount that one party agrees to pay to another for goods or
services provided under the contract.
Key Aspects:
• Base Price: The initial amount agreed upon for the product or service.
o Example: A library agrees to pay $2,000 for an annual subscription to
an e-journal.
• Payment Terms: Specifies how and when payments will be made.
o Examples:
▪ Payment due upon signing the contract.
▪ Monthly, quarterly, or annual payments.
▪ Payment upon receipt of invoice.
• Discounts and Fees: Any applicable discounts, late fees, or additional charges
should be clearly stated.
o Example: A 10% discount if paid within 30 days.
• Currency: The currency in which payments will be made.
o Example: Payments to be made in U.S. dollars.
• Adjustments: Conditions under which prices may change (e.g., inflation
adjustments, changes in scope).
o Example: Pricing may increase by a certain percentage after the first
year of service.
2. Conditions
Conditions are stipulations or requirements that must be met for the contract to
remain valid or for certain obligations to be fulfilled.
Key Aspects:
• Performance Conditions: Specific criteria that must be met by either party
during the contract term.
o Example: The vendor must deliver resources by a specified date.
• Termination Conditions: Circumstances under which the contract can be
terminated by either party.
o Example: Either party may terminate the contract with 30 days' written
notice.
• Compliance Conditions: Requirements that ensure both parties adhere to
relevant laws and regulations.
o Example: The vendor must comply with copyright laws when providing
materials.
• Force Majeure Clause: Conditions that relieve parties from liability in case of
unforeseen events (natural disasters, pandemics).
o Example: If a natural disaster prevents delivery, the vendor is not held
liable for delays.
• Review and Renewal Conditions: Terms regarding how often the contract will
be reviewed or renewed.
o Example: The contract will be reviewed annually, with options for
renewal based on performance.
Pricing and conditions are fundamental components of contracts that establish
financial obligations and operational terms. Clearly defining these elements helps
prevent misunderstandings and disputes between parties, ensuring a smoother
contractual relationship. When drafting or reviewing contracts, it’s essential to pay
close attention to pricing structures and conditions to safeguard interests and ensure
compliance
License vs. Least
License and lease are two distinct legal concepts often used in agreements related
to the use of property, resources, or intellectual property. Here’s a concise
comparison of the two:
1. License
Definition:
A license is a legal permission granted by one party (the licensor) to another party
(the licensee) to use a specific resource, property, or intellectual property under
defined conditions.
Key Characteristics:
• Nature of Agreement: Typically, non-exclusive and revocable, meaning the
licensor can terminate the license under certain conditions.
• Duration: Can be for a fixed term or ongoing but does not confer ownership.
• Usage Rights: Grants specific rights to use the resource as outlined in the
license agreement (e.g., software usage, access to digital content).
• Examples:
o Software licenses (e.g., Microsoft Office)
o E-resource licenses (e.g., access to an academic database)
o Copyright licenses (e.g., permission to reproduce a work)
2. Lease
Definition:
A lease is a contractual agreement in which one party (the lessor) grants another
party (the lessee) the right to use and occupy property (real estate or equipment) for
a specified period in exchange for payment.
Key Characteristics:
• Nature of Agreement: Generally exclusive and legally binding, providing the
lessee with certain rights to the property.
• Duration: Typically for a fixed term (e.g., one year) with options for renewal.
• Usage Rights: Grants the lessee exclusive rights to use and occupy the
property but does not confer ownership.
• Examples:
o Residential leases (e.g., renting an apartment)
o Commercial leases (e.g., leasing office space)
o Equipment leases (e.g., leasing machinery)
Advantages and Disadvantages of license and lease
License Advantages
Licenses offer several advantages that make them appealing for users. One of the
primary benefits is flexibility; licenses can be tailored to meet specific needs, allowing
for customized terms regarding usage rights. Additionally, licenses typically come
with lower initial costs, as they do not require large upfront payments, making them
more accessible to individuals and organizations. There is also no long-term
commitment involved; licenses can be short-term or ongoing without the obligation of
a lengthy contract, which is particularly advantageous for users who may need
temporary access. Furthermore, licenses are generally easier to terminate since they
are often revocable by the licensor if certain conditions are not met.
License Disadvantages
However, there are also disadvantages associated with licenses. Licensees may
face limited control over the resource or property because their usage rights are
dictated by the licensor's conditions. Moreover, licensees do not gain ownership of
the resource, which restricts long-term benefits. The potential for revocation by the
licensor can lead to disruptions in access, and some licenses may involve ongoing
fees or renewals that can accumulate over time, adding to overall costs.
Lease Advantages
Leases present their own set of advantages that make them suitable for users
seeking stability and control. One significant advantage is that leases provide
exclusive rights to use and occupy property, granting lessees more control over the
space they are renting. They typically involve longer-term agreements, which offer
stability and predictability for budgeting purposes. Additionally, leases may allow
lessees to customize or make improvements to the leased property, depending on
the terms outlined in the agreement. This ability to modify the space can enhance its
functionality and better suit the lessee's needs. Moreover, leases come with clearly
defined terms of use, which reduce ambiguity and clarify the rights and
responsibilities of both parties involved in the agreement.
Lease Disadvantages
On the downside, leases often require higher initial costs, including security deposits
and ongoing rental payments that can strain budgets. Lessees are usually bound by
long-term contracts that may limit flexibility if circumstances change or if they need to
relocate. Maintenance responsibilities might also fall on the lessee depending on the
lease agreement, adding another layer of obligation. Lastly, terminating a lease early
can be complicated and may involve penalties or legal issues, making it less flexible
compared to a license agreement.
Written vs. Oral contract
Written Contracts
Written contracts offer several advantages that make them a preferred choice for
many formal agreements. One significant benefit is clarity and precision; written
contracts provide clear documentation of the terms agreed upon, reducing ambiguity
and misunderstandings between parties. They are also generally easier to enforce in
a court of law, as they serve as tangible evidence of the agreement. Additionally,
written contracts allow for comprehensive detailing of obligations, rights, and
responsibilities, including specific clauses for termination, dispute resolution, and
modifications. Furthermore, they provide a permanent record that can be referred to
in the future, which is useful for both parties involved in the agreement.
However, written contracts also come with disadvantages. One drawback is that
drafting a written contract can be time-consuming, especially if it requires negotiation
and legal review. There may also be costs associated with creating, reviewing, or
notarizing written contracts, particularly if legal assistance is needed. Additionally,
written contracts can be less flexible to changes compared to oral agreements;
modifying a written contract often requires formal amendments rather than simple
verbal communication.
Oral Contracts
Oral contracts present their own set of advantages that can be beneficial in certain
situations. One primary advantage is simplicity and speed; oral contracts can be
created quickly and easily without the need for formal documentation or lengthy
negotiations. They also allow for more immediate adjustments and modifications
since changes can be made through straightforward conversation. Furthermore, oral
contracts typically incur lower costs because there are no expenses associated with
drafting or executing a contract, making them more economical for informal
agreements.
On the downside, oral contracts have notable disadvantages. One significant issue is
the lack of evidence; proving the existence and terms of an oral contract can be
challenging if disputes arise, as there is no written record to reference. This can lead
to ambiguity due to vague language or differing recollections of the terms agreed
upon by the parties involved. Additionally, while oral contracts are legally binding in
many jurisdictions, they may be harder to enforce compared to written contracts,
especially for significant agreements or those that fall under specific legal
requirements (e.g., real estate transactions).
Perpetual access rights
Perpetual access rights, in the context of digital resources, refer to the permanent
right to access and use electronic content, such as journals, databases, e-books, or
other digital materials, even after the subscription or license agreement has ended.
This means that once a library, institution, or individual has paid for access to a
digital resource, they retain the right to continue accessing that content indefinitely,
regardless of whether they renew their subscription or license.
Key Aspects of Perpetual Access Rights:
• Post-Cancellation Access: The most crucial element is the ability to access
the content even after the subscription expires or is canceled. This ensures
that the investment made in acquiring the content is not lost.
• Archival Rights: Perpetual access often includes archival rights, which specify
how the content will be preserved and made available in the long term. This
may involve the provider hosting the content, transferring it to a trusted third-
party archive, or providing the library with the files for local archiving.
• Scope of Access: The specific content covered by perpetual access rights is
defined in the licensing agreement. It usually includes the content that was
available during the subscription period, but may exclude certain materials or
features.
• Authentication:The method of authenticating users for perpetual access must
be agreed upon.This could involve IP address recognition,
username/password authentication, or other access control mechanisms.
• Restrictions and Usage Rights: While providing permanent access, the
agreement may still include certain restrictions on how the content can be
used, such as limitations on interlibrary loan, text mining, or commercial use.
• Trigger Events: Perpetual access rights typically "trigger" under specific
circumstances, such as:
o Cancellation of a subscription
o Discontinuation of a journal title
o Cessation of a publisher's business
Importance of Perpetual Access Rights:
• Preservation of Scholarly Record: Perpetual access ensures that valuable
research and scholarly information remains accessible to future generations,
preventing knowledge loss due to subscription cancellations or publisher
closures.
• Return on Investment: Libraries invest significant resources in acquiring digital
content. Perpetual access rights protect this investment by guaranteeing long-
term access to the purchased materials.
• Supporting Research and Education: Researchers, students, and educators
rely on access to a comprehensive collection of resources. Perpetual access
helps maintain continuity in access, regardless of budget fluctuations or
changes in institutional subscriptions.
• Budget Predictability: Knowing that certain content will remain accessible
regardless of subscription status allows libraries to plan their budgets more
effectively.
• Ensuring Fair Use: Perpetual access helps libraries fulfil their mission of
providing equitable access to information and supporting the fair use of
copyrighted materials.
Considerations When Negotiating Perpetual Access Rights:
• Licensing Agreements: Carefully review the licensing agreement to
understand the specific terms and conditions of perpetual access, including
the scope of content, archival methods, authentication procedures, and usage
restrictions.
• Trigger Events: Clarify the circumstances under which perpetual access rights
are triggered and ensure that these events are clearly defined in the
agreement.
• Archival Solutions: Evaluate the long-term viability of the proposed archival
solution, considering factors such as the reputation of the archive, the format
of the archived content, and the ease of access for users.
• Authentication Methods: Ensure that the authentication methods are reliable
and user-friendly, allowing authorized users to easily access the content.
• Data Security: Verify that the provider has adequate security measures in
place to protect the archived content from unauthorized access or data
breaches.
• Negotiating Power: Use your institution's collective bargaining power to
negotiate favorable terms for perpetual access, including clear definitions,
reasonable restrictions, and robust archival solutions.
Challenges to Perpetual Access:
• Evolving Technologies: Changes in technology may require ongoing efforts to
migrate content to new formats and ensure continued accessibility.
• Publisher Business Models: Some publishers may be reluctant to grant
perpetual access rights due to concerns about revenue loss or control over
content.
• Archival Costs: Maintaining digital archives can be expensive, and funding
models for long-term preservation may not always be sustainable.
• Legal and Copyright Issues: Evolving copyright laws and licensing regulations
can create uncertainty about the legal framework for perpetual access.
Perpetual access rights are a critical component of digital resource management,
ensuring long-term access to scholarly information and protecting the investments
made by libraries and institutions. By carefully negotiating licensing agreements,
evaluating archival solutions, and advocating for clear and sustainable policies,
libraries can safeguard the accessibility of digital content for future generations.