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Collection Development and Maintenance

Negotiating Principles

OSU Librarians use these Principles Guiding Negotiations with Journal Vendors as a starting point for negotiations. We evaluate our current contracts and identify the principles that will allow us to negotiate a "better deal" every time we go to the table.  These principles were developed by a faculty team made up of faculty from the libraries and the colleges, and were endorsed by the Faculty Senate in May 2022.

Authorized Users

Authorized users include all current students, faculty, and staff of Oregon State University. Authorized users must be defined by their affiliation with the University regardless of their geographic location or campus. As a public, land grant institution with a broad mandate to serve the State of Oregon, “authorized users” also include any other library users accessing OSU’s collections onsite. 

Open Access

No author will be required to waive any institutional or funder open access policy to publish in any of the publisher’s journals. If the publisher has the technical ability to do so, they will directly deposit scholarly articles into Oregon State University’s ScholarsArchive@OSU repository immediately upon publication.  If they do not have the ability to directly deposit articles, they will provide tools or mechanisms that facilitate immediate deposit. 

Author’s Rights

OSU authors will not be required to relinquish any rights that would keep them from complying with OSU’s Open Access policy.  OSU authors will retain at least the right to grant to OSU a non-exclusive right to preserve the green Open Access version of their scholarly articles, and to make them available for the purpose of open dissemination.

Preservation and Accessibility

Publishers will ensure the long-term digital preservation and accessibility of their content through participation in trusted digital archives. All archival resources provided by publishers must meet or exceed accessibility standards defined by the Web Accessibility Initiative Web Content Accessibility Guidelines.

Transparency

OSULP will pay a fair and sustainable price to publishers for value-added services, based on transparent and cost-based pricing models. Publishers will not require non-disclosure agreements, confidentiality clauses, or any other methods that prevent OSULP from sharing the terms and conditions in our agreements including, but not limited to, pricing details.

User Data

Publishers should make usage data available on-demand to library staff. Usage data should be COUNTER compliant and adhere to the most recent COUNTER Code of Practice. Usage data should be made available on-demand via a web-based portal and accessible via SUSHI.

Confidentiality of user data generated by their use of licensed materials must be maintained. Usage data must not be disclosed or sold to any third party without prior consent. 

Research Support

Any publisher that has the technological ability to provide computational access to researchers wanting to text- or data-mine licensed content will do so as a standard part of all contracts.

Sharing and Fair Use

Publisher licenses must not include clauses that try to limit Fair Use provisions of the United States and international law. Agreements should allow for the printing, downloading and copying activities that are inherent in scholarly work including, but not limited to, linking to resources in course management systems, and scholarly sharing of reasonable amounts of content with third party colleagues. Licenses must allow authorized users to incorporate reasonable portions of licensed content in print and electronic course packs, electronic reserve collections, or other educational materials.

OSULP must be able to use electronic resources for the purpose of fulfilling interlibrary loan requests in accordance with the Interlibrary Loan Provision of sections 107 and 108 of the US Copyright Act.

Preferred Licensing Terms

Oregon State University Libraries worked with interested parties across campus to establish principles supporting open and sustainable scholarly communication.This work is strongly in alignment with our Collection Values Framework that prioritizes equity of access, protecting user privacy, stewardship, and transparency of our work in managing collections. We work individually or through our consortial partners to establish licenses that align with our preferred licensing terms.We strive to complete the licensing approval process as quickly as possible to ensure timely access to content needed by our researchers, teachers and learners. When licenses contain our Open and Sustainable Scholarly Communication (OSSC) preferred terms (see table below), our contracts office can typically review and sign within 2-4 weeks. We understand that our preferred licensing terms may be new or different for some publishers and we will engage in the work to make incremental changes.

The typical review and approval process:

  • Vendor/publisher sends license as a Word document.
  • Collection Council reviews for alignment with our preferred licensing terms.
  • Draft license with updates is sent to our central contracts office for review.
  • Draft license is sent back to publisher for approval and a clean copy for signature.
  • Collection Council seeks signature from central contracts office and sends signed license back to vendor/publisher for counter signature.
  • Counter signed license is sent to central contracts office and held locally in library.


 

OSSC Principles Preferred Licensing Terms
Authorized Users
  • Active students of OSU
  • Employees affiliated with OSU (whether on a permanent, temporary, contract, or visiting basis
  • Regardless of geographic location
  • Walk-in users of OSU Libraries
Open Access
  • Ensure no language negates Green OA as defined by our existing OA policy.
  • Reduce barriers to access by asking the publisher to auto-ingest into our IR, or to allow us to implement a workflow, system, tool or solution.
  • Recognize the labor already invested in the research article by making OSU-authored articles and book chapters from 1997-2013 open at no additional charge. (Back-Flip model)
  • Move a journal to fully open when 60% of published articles are from OSU researchers and/or OSU researchers sit on editorial boards. (Flip to Open model)
  • Request that OSU authors can submit the version of record into the IR. (Gold OA)
Author's Rights
  • The OSU Open Access agreement will be honored by the publisher.
Preservation and Accessibility
  • Perpetual access rights will be granted for the content years paid for through the contract.
  • Publisher will use archiving systems such as LOCKSS, CLOCKSS, Portico, etc. If a publisher is unable to archive content, OSU can pursue this option.
  • Complies with current guidelines for accessibility (WCAG).
  • In situations where content is not in an accessible format, OSU has the right to alter the format to meet the accessibility needs of individual users.
Transparency
  • Allow ongoing negotiations to be made available on OSUL website.
  • Allow signed agreeements to be made publicly available on the library's website, or Open APC site, no earlier than 30 days after the customer and publisher have signed the Agreement.
User Data
  • Publisher provides the data we identify as necessary for our business purposes.
  • Publisher will get written permission from OSU for data they want to give or sell to a 3rd party.
  • Publisher will notify OSU within 72 hours if compelled to share user data.
  • Publisher will provide their response to a data breach. They will notify OSU within 72 hours if they have a data breach that impacts OSU data.
Research Support
  • Authorized users may use the licensed materials to perform and engage in text mining and data mining activities for legitimate academic research and other educational purposed at no additional cost to OSU. Those uses beyond research and educational use shall require publisher's permission.
Sharing and Fair Use
  • Nothing in the agreement shall be construed to limit the right of the licensee or any authorized user to use the information in accordance with the Fair Use provision of U.S. copyright law.
  • Interlibrary Loan requests will be filled in compliance with Section 108 of the United States Copyright Law (17 USC 108, "Limitation on exclusive rights:  Reproduction by libraries and archives").