Analysis of E-Resource Licenses and Negotiation Process of Agreements


Yilmaz D., ARSLANTEKİN S.

TURKISH LIBRARIANSHIP, sa.4, ss.262-287, 2024 (ESCI) identifier

  • Yayın Türü: Makale / Tam Makale
  • Basım Tarihi: 2024
  • Doi Numarası: 10.24146/tk.1501222
  • Dergi Adı: TURKISH LIBRARIANSHIP
  • Derginin Tarandığı İndeksler: Emerging Sources Citation Index (ESCI), Academic Search Premier, Library and Information Science Abstracts, Library, Information Science & Technology Abstracts (LISTA), Directory of Open Access Journals
  • Sayfa Sayıları: ss.262-287
  • Ankara Üniversitesi Adresli: Evet

Özet

Purpose: E-resource providing differs from traditional providing models. The most important of these differences are license agreements, which are binding legal documents. License clauses containing conditions regarding the use of e-resources should be taken into consideration, and agreements that protect the licensees' rights should be negotiated. This study aims to create guiding principles that will be used as a basis for examining licenses and will guide librarians by using a standard language. Method: E-journal licenses, which are in the consortium and have the most members, have been divided into association, university, and commercial publisher types. Licenses have been obtained by securing necessary permissions from institutions and companies and evaluated based on ANKOS National Site License Principles (TRNLS) and LIBLICENSE Model License recommendations. Findings: 46% of the ANKOS TRNLS principles and 48% of the LIBLICENSE Model License recommendations have been reflected in the final licenses in Turkey. According to the results, publishers have not expressed a favorable opinion or remained silent on some issues. Moreover, it has been observed that more basic agreement clauses have been institutionalized instead of clauses supporting institutions, users, and authors, such as scholarly sharing, text and data mining, author rights, and open access. It has been thought that the consortium's approach to the negotiation processes, the policies followed by the publishers, and the difficulties in legal procedures have been effective in this regard. In addition, it has been concluded that the ANKOS TRNLS principles created using model licenses are not comprehensive and sufficient. These principles need to be developed and rearranged more understandably under todays' conditions. Implications: The agreements examined do not fully comply with the license languages that are standardized worldwide, which many professionals cannot ignore. The rates reflected in the final licenses are more basic agreement clauses. More comprehensive and understandable national licensing principles should be established and institutionalized in this context. It is thought that the national principles created by this study, without legal advice, will guide all stakeholders. However, to include the principles more in the agreements, the issue should be emphasized in the negotiations, and the principles should be supported by law. Originality: Licensing agreements in Turkey have been examined in terms of all clauses, and understandable and comprehensive licensing principles have been created through this study.