This series of slides describes a series of non-standard situations in a university or college where there are licensing considerations regarding access to online resources

1. Get it sorted…
positive approaches to non-standard access
JIBS User Group 13th July 15
Licence Portability Workshop
Martyn Jansen, Contracts & Legal Manager

2. A student from Swindon University goes on three months’
work experience with a company (Acme France) in Paris.
He becomes an associate student of the University of Paris
and uses their online library resources.
The student also wants to use Swindon’s online library
resources during his work experience session.
What are the licensing considerations?

3.  still a student of Swindon – location doesn’t matter
 can be a student of two institutions
 is he properly a student of Paris (associate, affiliate etc)
 work experience is educational but potential commercial
benefit especially if student is on a vocational course
 walk-in use only at Paris?
 commercial benefit to Acme but trivial? Is it realistic for
Acme to purchase own licence
 publisher might see a loss leader/sales opportunity
 territorial restrictions = export regs, content licences
 sales territorial conflict

4. During her gap year a student’s login details are used by someone
else in Australia to access Swindon University’s online library
resources without the student’s knowledge.
It’s some time before this is discovered and by then a vast number
of copies of a resource from a particular publisher had been
illegally downloaded.
The publisher wants Swindon to pay for all the downloaded copies
and also wants the student to be expelled.
What are the licensing considerations?

5.  is she a student during her gap year
 is Swindon responsible even if she isn’t a student
 Swindon should have rescinded password during gap year
 Swindon should have discovered illegal access more quickly
 should publisher have alerts for unusual activity
 definite loss of revenue, Swindon to pay for all downloaded copies
 can publisher insist on expulsion – can they bar access to an
individual
 Swindon must apply own disciplinary measures but is student at
fault?
 Swindon and publisher can act against the miscreant
 deliberate copyright breach on a commercial scale is a criminal act

6. Swindon University wants to include substantial
portions of an online library resource in some business
studies course packs. Each student will get an
electronic copy of the course pack on a memory stick.
What are the licensing considerations?

7.  Chest licence allows course packs
 Chest licence allows student electronic copies
 recent copyright act amendments
 are memory sticks secure – ipr and revenue leakage for
publisher
 tougher stance likely for business/vocational courses

8. The VC at Swindon University tells his librarian that 200
students from a new overseas campus need access to all
library resources from Monday.
Contracts have been signed with the local government
and partners.
What are the licensing considerations?

9.  whose students are they
 is Swindon paying for the extra seats
 check on a case by case
 check licence terms before signing partner contracts!
 loss of revenue and number of customers for publishers
 others may feel a loss leader opportunity
 sales territorial conflict
 export restrictions, restrictions on content licences
 which contract prevails
 nemo dat rule – Swindon = contractual breach, overseas
campus = copyright infringement

10. Swindon want its “fellows and members” to have
access to all its online library resources. “Fellows and
members” consists of former students, former staff and
a miscellany of other associated professionals.
What are the licensing considerations?

11.  not a formal alumni association
 “other associated professionals” – educational purpose?
 membership fees = sublicensing?
 Swindon’s constitutional obligations – walk-in only?
 commercial usage? humanities v business school alumni
and societal v commercial publishing

12. University A merges with FE College B to form University C,
a private university and a normal commercial limited
company.
University C wants its students to use A and B’s online
library resources.
What are the licensing considerations?

13.  Swindon is a licensable entity distinct from A and B
 payment per user/user bands
 private for profit does not preclude educational purpose
 “public good” argument weaker for private for profit
universities for some companies
 market shrinkage for publisher if all mergers allowed
 customer reduction for publisher

14. CONCLUSIONS
• licences are portable -
> Chest has no constraints on device or location
> old rules still apply – have you paid for the users, is
usage educational, proper access controls
• the issues around device and location are
technical