Presentation at the CALL/ACBD 2013 Annual Conference 8 May 2013. Montreal

1. Land of Confusion:
eBooks’ License Negotiation Demystified
Un monde de confusion:
démystifier le processus de négociation
des licences pour les livres numériques
CALL/ACBD 2013 Conference
8 May 2013
Bess Reynolds
Technical Services Manager
Debevoise & Plimpton LLP

2. What is an e-Book?
Presented by Bess Reynolds
e-book, n.
Pronunciation: Brit. /ˈiːbʊk/ , U.S. /ˈiˌbʊk/
Forms: 19– E-book, 19– e-book, 19– eBook, 19–
ebook.
Etymology: < e- comb. form+ book n.
A hand-held electronic device on which the text of
a book can be read. Also: a book whose text is
available in an electronic format for reading on
such a device or on a computer screen; (occas.) a
book whose text is available only or primarily on
the Internet.
Source: Oxford English Dictionary online
2

3. Law Firms Are Different
Presented by Bess Reynolds
 Primarily dealing with a few vendors
 Top 5 vendors = 70% of annual budget
 Library collection vs. “desk book”
 Great need for ancillary titles on an
occasional basis
 Business
 Financial
 Medical/Scientific
 Historical legal information
 My firm borrowed 424 books via ILL last year
3

4. A Loose-leaf
Presented by Bess Reynolds4

5. And in eBook Format
Presented by Bess Reynolds5

6. Original eBook Model
Presented by Bess Reynolds
 One book
 One device
 One reader
6

7. eBooks with DRM
Presented by Bess Reynolds7

8. Three Vendors in Trial
Presented by Bess Reynolds
 LexisNexis
 Purchase from the Lexis store or
 Contract with Overdrive
 Thomson West
 7 steps to use Proview
 Some older titles via Amazon for Kindle
 Wolters Kluwer
 WK eReader is still under construction –
 They’ve gone back to the drawing board
 Some titles available via Amazon or International
8

9. Thomson Proview Platform
Presented by Bess Reynolds9

10. Thomson Proview Sample Title
Presented by Bess Reynolds10

11. Lexis Digital Library
Presented by Bess Reynolds11

12. Lexis eBook
Presented by Bess Reynolds12

13. Legal Vendors’ Market Shares
 Of those law libraries that bought
eBooks:
 46% bought from LexisNexis
 23% bought from Thomson
Reuters
 15% bought from Wolters Kluwer
Presented by Bess Reynolds13

14. Presented by Bess Reynolds
Print is Not Dead*
Of 125 law firm libraries:
– 45% will provide eBooks in 2013
– 29% purchased eBooks in 2012
– 40% have tested eBooks from legal
publishers
*Based on a survey of law firm librarians I conducted in April 2013 for
presentation at the CALL 2013 Annual Meeting.
Complete results here: http://tinyurl.com/cxew43m
Duplicate responses were discarded.
14

15. IN CASE YOU MISSED THAT:
Presented by Bess Reynolds15

16. Presented by Bess Reynolds16
Survey of Law Firms

17. Presented by Bess Reynolds17
Why do we need a single silo?

18. Presented by Bess Reynolds
Cartoon by Bess Reynolds
18

19. Presented by Bess Reynolds
19
ILS Vendors’ Share of Law Library Market
5 Vendors Represent 85%*
*After SydneyPlus acquisition of Inmagic
99 of 125 libraries in the survey use an integrated library system

20. Some Questions about an eBook License:
Presented by Bess Reynolds20
 Do you have perpetual or limited access?
 What is the time period of the license?
 For multi-year licenses can you swap titles?
 What are the terms of renewal? – automatic
renewal should not be assumed
 Is there a library management tool?
 What is authorized usage & does it include?:
 Printing
 Copying
 ILLs

21. More Questions about an eBook License:
Presented by Bess Reynolds21
 How are resources discovered, are MARC records or
metadata available?
 Are you required to use proprietary software or
platform to access?
 Are you allowed to archive a copy if you own the
resource?
 Usage statistics – How are they captured?
 What are the terms for dispute resolution?
See: “Principles for licensing electronic resources.” American Association of Law Libraries.
Web viewed 16 April 2013. <http://www.aallnet.org/main-
menu/Advocacy/recommendedguidelines/licensing-electronic-resources.html>

22. Just in Time Not Just in Case
Presented by Bess Reynolds
 Access not ownership
 Partnering with New York Law Institute
to provide seamless access to an
enhanced collection including 54,000+
eBooks
22

23. Law Librarian Manifesto
Presented by Bess Reynolds
 Libraries should own the eBooks they purchase
 Vendors should recognize the role that librarians
play in collection development, acquisitions &
distribution
 Vendors should work to simplify the procedures for
obtaining and managing eBooks
 Legal publishers should work with ILS vendors to
make the eBooks available directly in the OPAC,
eliminating the need for multiple silos of discovery
23

24. SURVEY DETAILS
Presented by Bess Reynolds
More survey results can be found here:
http://tinyurl.com/cxew43m
 Survey was conducted in April 2013
 Librarians from 125 law firms and
private law libraries participated
 Some librarians did not answer all
questions
24

25. Selected Resources
Presented by Bess Reynolds
 “An open letter about ebooks and Douglas County Libraries.” Douglas County Libraries. Web. 24
Jan. 2013 <http://douglascountylibraries.org/content/ebooks-and-DCL>
 Comparison of e-book formats. Wikipedia. Web accessed 1/24/2013:
<http://en.wikipedia.org/wiki/Comparison_of_e-book_formats>
 Kelly, Michael. "Top Ebook Distributors, ILS Vendors to Have Sitdown With ReadersFirst Library
Coalition." The Digital Shift. 3 Jan 2013. The Library Journal. 24 Jan 2013.
<http://tinyurl.com/b94nvuv>.
 O’Grady, Jean. “Checklist for the negotiation of Internet subscriptions.” American Association of Law
Libraries. Updated Spring 2011. Web accessed 26 April 2013. <http://www.aallnet.org/main-
menu/Advocacy/vendorrelations/CRIV-Tools/negotiate.html>
 “Principles for licensing electronic resources.” American Association of Law Libraries. Web viewed 16
April 2013. http://www.aallnet.org/main-menu/Advocacy/recommendedguidelines/licensing-
electronic-resources.html
 “Procurement Toolkit and Code of Best Practices for Licensing Electronic Resources.” American
Association of Law Libraries, April 2013. <http://www.aallnet.org/main-
menu/Advocacy/vendorrelations/docs/procurement-toolkit.html>
 Reynolds, Bess. “The Challenges of e-books in Law Firm Libraries.” The New Librarian, AALL-ILTA
White Paper: <http://read.uberflip.com/i/87421/64>
 Thomson Reuters Proview License:
<http://thomsonreuters.com/proview/en/lic_agreement/lic_agreement_all/>
 Various articles about Douglas County Libraries. Evoke. 24 Jan. 2013. <http://evoke.cvlsites.org/>
25

26. Presented by Bess Reynolds
Thank You
Contact me:
breynolds@debevoise.com
Follow me on Twitter:
@bibliobess
(Personal tweets, my opinions, not related to my POW)
26