LICENSING ELECTRONIC RESOURCES IN ACADEMIC LIBRARIES This page intentionally left blank LICENSING ELECTRONIC RESOURCES IN ACADEMIC LIBRARIES A Practical Handbook COREY S HALAYCHIK BLAKE REAGAN Chandos Publishing is an imprint of Elsevier 50 Hampshire Street, 5th Floor, Cambridge, MA 02139, United States The Boulevard, Langford Lane, Kidlington, OX5 1GB, United Kingdom Copyright r 2018 Elsevier Ltd All rights reserved No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or any information storage and retrieval system, without permission in writing from the publisher Details on how to seek permission, further information about the Publisher’s permissions policies and our arrangements with organizations such as the Copyright Clearance Center and the Copyright Licensing Agency, can be found at our website: www.elsevier.com/permissions This book and the individual contributions contained in it are protected under copyright by the Publisher (other than as may be noted herein) Notices Knowledge and best practice in this field are constantly changing As new research and experience broaden our understanding, changes in research methods, professional practices, or medical treatment may become necessary Practitioners and researchers must always rely on their own experience and knowledge in evaluating and using any information, methods, compounds, or experiments described herein In using such information or methods they should be mindful of their own safety and the safety of others, including parties for whom they have a professional responsibility To the fullest extent of the law, neither the Publisher nor the authors, contributors, or editors, assume any liability for any injury and/or damage to persons or property as a matter of products liability, negligence or otherwise, or from any use or operation of any methods, products, instructions, or ideas contained in the material herein British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging-in-Publication Data A catalog record for this book is available from the Library of Congress ISBN: 978-0-08-102107-1 (print) ISBN: 978-0-08-102108-8 (online) For information on all Chandos Publishing publications visit our website at https://www.elsevier.com/books-and-journals Publisher: Jonathan Simpson Acquisition Editor: Glyn Jones Editorial Project Manager: Katie Chan Production Project Manager: Debasish Ghosh Cover Designer: Christian J Bilbow Typeset by MPS Limited, Chennai, India DEDICATION Blake would like to dedicate this work to: Dr R Kendra Kemmet: Thank you for providing me excellent medical care, and for giving me hope, when I was facing the most difficult circumstances of my life My parents, for their encouragement and support Thank you for teaching me many valuable skills And, to Mark Paganelli, for believing in me, giving me excellent guidance, and giving me many opportunities to advance my career Corey would like to dedicate this work to: Chris, for being the best assistant ever! Houndini and the Bear for bringing me joy And, Nyarlathotep for showing me The Way This page intentionally left blank CONTENTS About the Authors Foreword Acknowledgments Basics of Library Licenses Introduction Library Process Improvement Considerations Introduction Process Improvement Considerations Lean & Six Sigma Five “Whys” The Three “M”s of Toyota Production System Contract Routing Writing and Understanding Contract Language Click-Wrap/Browse-Wrap/or Other End-User Terms Stakeholder Relationship Building On Checklists On Document Creation On Macros Contract Negotiation Library Contracts Consortia Purchases Copyright Course Packs/Electronic Reserves/Virtual Learning Environments Geographical/Institution/Unified Campus Informing Authorized Users of Limitations Interlibrary Loan Monitoring and Reporting Misuse Patron Record Maintenance Return of/Destruction of Materials xi xiii xv 1 85 85 85 85 88 93 93 95 95 96 97 97 98 100 101 102 102 103 103 104 104 105 105 106 vii viii Contents Single Username/Password of Email Format Supplying Patron Records Usage Statistics Walk-In Users Possible Ideas for a Contract Manual Basics of Licensing Law Introduction Basics of Contract Law Basic Overview of Intellectual Property Licenses What Affects Your Library? Indemnification/Hold Harmless License Layout and Lifecycle Introduction General Layout Lifecycle Negotiating Licenses Introduction Section One: Negotiation Stages Stage One: Investigate Stage Two: Commit Stage Three: Review Stage Four: Give-and-Take Stage Five: Finalize Section Two: The Playing Field Understanding the Field Organizational Roles Economic Health Competition Purchasing Power Resources Influence Leveling the Playing Field Organizational Roles Economic Health Competition Purchasing Power 106 107 107 108 108 115 115 116 116 120 122 123 123 123 128 129 129 130 131 134 135 137 139 140 140 141 143 143 144 144 145 145 145 148 148 149 Contents Resources Influence Section Three: Relationships Building Relationships Time Clear and Consistent Approach Maintaining Relationships Section Four: Approaches Influences Individual Approach Team Approach Section Five: Tools Matrix Objectives Template Concession Grid Meeting Agenda License Checklist Master Agreement Conclusion References Index ix 150 150 151 151 152 153 157 160 160 163 166 169 169 170 172 173 175 176 177 179 181 Figure 5.2 Electronic Journal Package Decision Matrix 172 Licensing Electronic Resources in Academic Libraries Figure 5.3 Objectives Template their focus might be in both the near and long term Furthermore, not be afraid to ask a sales person what they hope to get out of a negotiation You might be surprised by their candor This type of dialogue taking place before official negotiations have begun can help you flesh out a more accurate Objectives Template Fig 5.3 is a sample of a completed Objectives Template In addition to being a great tool to develop and track objectives for the entire process, the Objectives Template can also be used effectively to track goals for each meeting that takes place during the negotiation This is essentially accomplished in the same manner used for the overall process Instead of listing all the objectives though, the list is pared down to items that need to be worked out in a specific meeting A sample of an Objective Template used for a meeting can be found in Fig 5.4 The example uses some of the overall objectives used in the previous figure CONCESSION GRID The Concession Grid is a useful tool that can help simplify each parties’ position on the contentious issues of an agreement It works by plotting out the details being discussed on a grid that lists each issue, parties’ position on the issue, and the minimum acceptable outcome Each parties’ outlook on these issues will differ depending on what they are trying to Negotiating Licenses 173 Figure 5.4 Meeting Objectives Template accomplish and what is ultimately most important to them To that end, what is important to one party may or may not be as important to the other It is helpful for a negotiator to understand what is and is not important The Concession Grid facilitates this by providing an easily understood informational grid that identifies nonconsequential concessions, opportunities for compromise, and deal breakers for both sides Making the grid is quite simple and consists of columns for the contentious issue, both parties’ preferences, the acceptable outcome, concession being offered (if applicable), and for tracking if the item was a “win, loss, or draw” Fig 5.5 shows an example of a completed one Despite its simplicity, it is worth keeping a few things in mind when creating one First, keep in mind that the grid is most useful after a proposal has been submitted This allows you to plot out the specifics of a proposal and assign importance to them Next, contentious issues should be simplified into a few words or a key phrase There is no need to write out the clauses being discussed Instead, focus on listing the root issue in the simplest terms possible This will help you remain focused on the “real” issue and not get distracted by legalese Lastly, be sure to use the “win, lose, or draw” column to track results This provides a good way to track if the negotiation is producing good results for your organization MEETING AGENDA One of the keys to being a successful negotiator is to have a mechanism in place to stay organized This applies not only to the entire process but Figure 5.5 Concession grid Negotiating Licenses 175 also to the various individual components that comprise it Additionally, at some point, and likely multiple times, the parties involved in the negotiation will have to have a meeting to discuss the agreement Having an agenda will help ensure the meeting stays focused and produces results As a negotiator, you may or may not be the one to organize the meeting Regardless though, you should insist that an agenda be provided If you did organize the meeting, then it is up to you, or your negotiation team, to create one If the other party called the meeting then they should provide an agenda While agenda lengths and details may vary, they should at a minimum always include the following: • A list of attendees, their positions, and who they represent • A description of what is going to be discussed • A clear and concise list of the expected outcomes of the meeting Including these elements helps the meeting proceed more smoothly in a few ways First, it serves as a record of who was involved in the conversation This is useful when clarification is needed or an action item needs to be followed up on Next, it allows the meeting to remain focused on the topics outlined by providing a map for conversations to follow This is extremely important as it can help prevent discussions from drifting to other topics Finally, it provides a means to evaluate whether or not the meeting served its purpose Nobody wants to attend pointless meetings Achieving the meeting objectives indicates that time was not wasted If the group failed to meet the objectives then they should evaluate what went wrong so that future meetings can be more productive Topics for meetings should be discussed and agreed upon well before the meeting takes place This allows each side to prepare for any discussion that is scheduled to occur Furthermore, the agenda should be supplied a few days before the meeting occurs so that everyone can familiarize themselves with it LICENSE CHECKLIST Most everyone has at one time or another used a checklist to make sure that they did not forget something The concept of a checklist should therefore be familiar to you While checklists are great for picking up groceries, they can also be used in negotiations More specifically, they can be used as a way to compare what has been supplied in a license agreement to existing organizational requirements This allows an easy 176 Licensing Electronic Resources in Academic Libraries way for the negotiators to see where there is agreement and identify issues that will need to be resolved A license checklist can conceivably include language for every clause encountered in an agreement The authors believe however that they are most effective when they focus on covering those issues most important to an organization Furthermore, the checklist should be written so that anyone familiar with licensing library resources or contracts law could understand it The checklist should also be shared with vendors so that they see what components of their agreements may need to be adjusted Institutions of every shape and size are using license checklists and it should be easy to find samples online The authors suggest treating these as starting points for creating your own checklist A “one size fits all” approach can be difficult to implement given the range of issues libraries must contend with when it comes to license agreements Organizations should therefore design a checklist that meets their specific needs Organizations may also wish to use a variety of smaller checklists to avoid a comprehensive review each time Checklists can be used to address just technical issues, legal and statutory requirements, accessibility standards, and much more This allows libraries not wanting to use an allinclusive checklist to focus on the areas of greatest importance to them Smaller checklists can also be used in conjunction with one another when a more exhaustive list is needed MASTER AGREEMENT Libraries looking to play a bigger role in determining the playing field for negotiations may wish to use a master agreement Master agreements are boilerplate licenses that contain all of the clauses that a library wishes to see included in an agreement Although they might seem similar to a checklist, they differ from them in an important way Whereas checklists address items deemed important to the library, master agreements seek to cover every aspect of the agreement This is significant because it creates a role reversal for libraries Instead of being the organization that must review a vendor’s agreement, it is the vendor that must review and comment on the library’s license Interestingly, master agreements are not a new concept and vendors have been using them successfully for years to standardize agreements across clients In fact, you have probably even agreed to a few if you have been working with electronic resources over the past few years Vendors Negotiating Licenses 177 typically refer to them as “standard agreements” but they work identical to the way a library master agreement does; laying out a standard set of terms that other parties are expected to agree to Creating a master agreement may seem like a daunting task And while it can be time consuming it is worth the effort This is especially true for institutions that are involved in multiple negotiations a year as it streamlines the process by negating the need to review multiple licenses which likely have similar but slightly worded clauses It also takes the burden to review off the library and places it on the vendor which can save valuable time and energy Libraries interested in creating a master agreement will need to decide what language to use The authors strongly suggest looking at previous agreements you have entered into and also identifying other organizational partners that can help create the license Good places to start include an organization’s procurement or business office and contracts unit or office of general counsel All of these offices can provide expertise concerning fiscal policy and legal requirements; input that will be crucial in creating a solid master agreement CONCLUSION Contracts are a common occurrence when conducting business The contracts that libraries encounter can range from simple transactional agreements to complex multi-party licenses Failing to understand the contents of an agreement can result in consequences ranging from paying a higher cost to loss of legal protections Furthermore, licenses offer the best possibility for libraries to set expectations for service, lock in reasonable prices, and ensure their users have the best possible access available It is therefore important for librarians to not only understand the components of a license but also know how to produce the best possible results through negotiations This chapter introduced you to several concepts that are designed to help you achieve better outcomes Learning about the five stages of negotiation allows you to better understand how each stage influences the process and creates a framework to build workflows around Furthermore, information concerning the negotiation playing field was provided This will help you understand the overall parameters influencing a negotiation and help you negotiate with a greater level of confidence Relationships are crucial to successful negotiation outcomes and this chapter introduced 178 Licensing Electronic Resources in Academic Libraries you to steps you can take to build and maintain positive ones with both vendors and potential partners A section was devoted to addressing the individual and team approaches to negotiating This information will help you decide how to be successful regardless of the approach you use or the size, structure, or unique circumstances of your organization Lastly, the chapter ended by providing several tools that you can use before you begin and throughout the negotiation process The last section also introduced the concept of library master agreements This type of agreement can be a powerful tool in helping libraries change the dynamics of vendor negotiations Librarians that desire to make the best possible purchases for their organization need to understand the processes involved in negotiating a license The information provided in this chapter will allow you to accomplish this by developing skills beyond the act of reviewing and editing clauses This, in turn, will help you become a more prepared, confident, and productive negotiator REFERENCES Adams, K.A., 2017 A Manual of Style for Contract Drafting, fourth ed American Bar Association Publishing, Chicago Anderson, M.A., Anderson, E., Parker, G., 2013 Operations Management for Dummies: A Wiley Brand John Wiley & Sons, Inc, Hoboken, NJ Bohanna, C., 2008 Copyright preemption of contracts M.D Law Rev 67(3), Article Available at ,http://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=3326&context=mlr Brehm, A.S., Lee, C.D., January 2015 From the Chair: “Click Here to Accept the Terms of Service.” American Bar Association Available at ,https://www.americanbar.org/ publications/communications_lawyer/2015/january/click_here.html Cambridge Univ Press v Patton, 769 F.3d 1232 (11th Cir 2014) Charnas, D., 2016 Work Clean: The Life-Changing Power of Mise-en-Place to Organize Your Life, Work, and Mind (Kindle ed.) Rodale Coffey, A Local Government Sovereign Immunity 201: Florida Available at ,https://www americanbar.org/content/dam/aba/administrative/state_local_government/SovImm201 authcheckdam.pdf Darmstadter, H., 2002 Hereof, Thereof, and Everywhereof: A Contrarian Guide to Legal Drafting American Bar Association, Chicago Fenwick & West, LLP Technology Licensing and Online Commerce Available at ,https://www.fenwick.com/FenwickDocuments/Technology_Licensing.pdf Fox, C.M., 2008 Working With Contracts: What Law School Doesn’t Teach You (second ed.) Practising Law Institute, New York Garner, B.A., 2001 Legal Writing in Plain English: A Text With Exercises, second ed The University of Chicago Press, Chicago Gawande, A., 2009 The Checklist Manifesto: How to Get Things Right, Kindle ed Picador; Henry Holt and Co., New York George, M.L., 2003 Lean Six Sigma for Service: How to Use Lean Speed & Six Sigma Quality to Improve Services and Transactions—Conquer Complexity and Achieve Major Cost Reductions in Less than a Year McGraw-Hill (General Finance & Investing), New York Gittell, J.H., 2003 The Southwest Airlines Way: Using the Power of Relationships to Achieve High Performance McGraw-Hill, New York Goleansixsigma.com [Internet] Green-Belt Lean Six Sigma Certification Available at ,https://goleansixsigma.com/ Kuney, G.W., Looper, D.C., 2009 Mastering Intellectual Property Carolina Academic Press, Durham, NC Legal Information Institute, Cornell Sovereign Immunity Available at ,https://www law.cornell.edu/wex/sovereign_immunity Liker, J.K., 2004 The Toyota Way: 14 Management Principles From the World’s Greatest Manufacturer, Kindle ed McGraw-Hill, New York Moffat, V.R., 2007 Super-copyright: contracts, preemption, and the structure of copyright policymaking 41 UC Davis Law Rev 45, 80À81 Ohno, T., 1988 Toyota Production System: Beyond Large-Scale Production CRC Press, Taylor & Francis, Boca Raton, FL 179 180 References Price, M., Mores, W., Elliotte, H.M., 2011 Building high performance government through Lean Six Sigma: a leader’s guide to creating speed, agility, efficiency Accenture Stark, T.L., 2014 Drafting Contracts: How and Why Lawyers Do What They Do (second ed.) Stark Legal Education, published by Wolters Kluwer Law & Business, New York Stark, T.L., 2003 Negotiating and Drafting Contract Boilerplate ALM Properties, Inc., ALM Publishing, a division of American Lawyer Media, Inc., New York Stim, R., 2010 Contracts: The Essential Desk Reference NOLO Berkeley, CA Strauch, B., November 25, 2001 Publishing and the Law Current Legal Issues 81À82 Teller, S How to Unlock a Word document under Windows Available at ,https://people.csail.mit.edu/teller/misc/unlockworddoc.html The United States Patent and Trademark Office and the George Washington University Law School The 2015 Works-in-Progress Intellectual Property Colloquim Available at ,https://www.uspto.gov/sites/default/files/documents/WIPIP2015_FullPacket_0 pdf United States Environmental Protection Agency, 2009 The Environmental Professional’s Guide to Lean & Six Sigma United States Environmental Protection Agency, 2011 Lean in Government Starter Kit: Version 3.0: How to Plan and Implement Successful Lean Initiatives at Environmental Agencies Voss, Chris 2016 Never Split the Difference: Negotiating as if Your Life Depended on it HarperCollins Publishers, Inc., New York, NY Womack J.P., Jones D.T., Roos D., Carpenter D.S., 2007 The Machine That Changed the World: The Story of Lean Production—Toyota’s Secret Weapon in the Global Car Wars That is Not Revolutionizing World Industry World Intellectual Property Organization What is Intellectual Property? Available at ,http://www.wipo.int/edocs/pubdocs/en/intproperty/450/wipo_pub_450.pdf INDEX Note: Page numbers followed by “f ” and “t” refer to figures and tables, respectively A Acceptance of the offer, 116 Accounts payable, Acme Inc., 119 Appropriate behavior, 155 Approval process, 11 Audit, 13 Authorized users of limitations, informing, 104 B Boilerplate, 13À14 Boundaries defining, 153À155 maintaining, 157 Breach of contract, 121 Browse-wrap, 95À96 Buyer leveling the playing field, 147À148 organizational roles, 142À143 C Central business office, Checklists, 97, 175À176 Choice of law See Governing law Click-through, 95 Click-to-accept agreement, 95 Click-wrap, 95À96 Cloud Based Integrated Library System, 107 Competition leveling the playing field, 148À149 playing field, 143À144 Concession grid, 172À173, 174f Confidentiality, 14 Consideration, 116 Consortia purchases, 102 Contract(s) breach of, 121 language, writing and understanding, 95 law, 116 layout, 123À127 library, 101À102 lifecycle, 128 manual, 108À113 negotiation, 100À101 violation, 121 Copyright, 102À103, 117À118 Copyright Act of 1976, 118, 121 Counterparts, 14 Course of events, 7À8 Course packs, 103 Cross-training, 90 D Date of the contract, 12 Destruction of materials, 106 Dispute resolution, 13 Document creation, 97À98 DocuSign, 94 E Economic health leveling the playing field, 148 playing field, 143 Electronic Journal Package Decision Matrix, 171f Electronic reserves, 103 Email format, single username/password of, 106À107 End dates, 92 End-user license agreement (EULA), 95 Environment waste, licensing, 87t Exclusive licenses, 119À120 F Fair Use doctrine, 118, 121 Finance, 13 181 182 Index “Five Whys”, 88À93 Flowchart, 94 Forum selection See Venue G General Electric, 85À86 See also Six Sigma Geographical/institution/unified campus, 103À104 Geography, 120 Governing law, 13 I Indemnification/hold harmless, 122 Indemnity, 14 Individual approach, 163À165 cons, 165 pros, 163À164 Initiator leveling the playing field, 146À147 organizational roles, 141À142 Integrated Library System (ILS) Cloud Based, 107 Intellectual property law, 116À120 Article I, Section 8, 117 Interlibrary loan, 104À105 Internal audit, Internal budget approval, 11 K Kepner-Trego Matrix, 169À170, 170f L Layout of contract, 123 general, 123À127 “Lean for Healthcare”, 86 Lean Six Sigma, 3, 85À88 Legal office, 6À7 Leveling the playing field, 140, 145 competition, 148À149 economic health, 148 influence, 150À151 organizational roles, 145À148 purchasing power, 149À150 resources, 150 Library, See also individual entries factors affecting, 120À121 obligations, 13 Library contracts, 101À102 archiving and preservation, 101À102 Library licenses, approval process, 11 common terms, 11À14 course of events, 7À8 internal budget approval, 11 master agreements See Master agreements negotiation, preparing, 10À11 processes, 3À5 stakeholders perspectives of, 5À7 supplier, contacting, 9À10 time-line, License, 119t checklist, 175À176 defined, exclusive versus nonexclusive, 119À120 existence of, reasons for, importance of, 2À3 library See Library licenses origination of, 8À9 Licensed items, defining, 12 Licensed material, authorized use of, 12 Licensing law, 115 contract law, 116 indemnification/hold harmless, 122 intellectual property law, 116À120 Lifecycle of contract, 128 M Master agreements, 14À83, 176À177 Master Services Agreements (MSAs) See Master agreements Matrix, 169, 170f, 171f Meeting agenda, 173À175 Misuse, monitoring and reporting, 105 Modification, 14 Motorola, 85À86 See also Six Sigma N Negotiating licenses, 129 approaches, 160 Index individual approach, 163À165 influences, 160À163 team approach, 166À168 commitment of, 134À135 finalization of, 139À140 give-and-take stage, 137À139 investigation of, 131À134 leveling the playing field, 145 competition, 148À149 economic health, 148 influence, 150À151 organizational roles, 145À148 purchasing power, 149À150 resources, 150 playing field, 140 competition, 143À144 economic health, 143 influence of, 145 organizational roles, 141À143 purchasing power, 144 resources of, 144 understanding the field, 140À141 relationships, 151 building, 151À152 clear and consistent approach, 153À157 maintaining, 157À160 timing of, 152À153 review of, 135À137 stages of, 130 tools, 169 concession grid, 172À173, 174f license checklist, 175À176 master agreement, 176À177 matrix, 169, 170f, 171f meeting agenda, 173À175 objectives template, 170À172, 172f Negotiation contract, 100À101 preparing, 10À11 Nonexclusive licenses, 119À120 Notice, 13 O Objectives template, 170À172, 172f Offer, 116 Online terms of use, 121 183 Organizational roles, 141À143 leveling the playing field, 145À148 Organizational structure, 160À161 Origination of license, 8À9 P Parties to the contract, 12 Patron records maintenance, 105À106 supplying, 107 Personal preference, 163 Plan-Do-Check-Act (PDCA), 89 Playing field, 140 competition, 143À144 economic health, 143 influence of, 145 leveling, 140, 145 organizational roles, 141À143 purchasing power, 144 resources of, 144 understanding the field, 140À141 Policy requirements, 162À163 Preemption, 117 Procedural requirements, 162À163 Process improvement, 5, 85 authorized users of limitations, informing, 104 checklists, 97 consortia purchases, 102 contract language, writing and understanding, 95 contract manual, 108À113 contract negotiation, 100À101 contract routing, 93À95 copyright, 102À103 course packs, 103 document creation, 97À98 electronic reserves, 103 email format, single username/password of, 106À107 end user terms, 95À96 geographical/institution/unified campus, 103À104 “Five Whys”, 88À93 interlibrary loan, 104À105 Lean, 85À88 library contracts, 101À102 184 Index Process improvement (Continued) macros, 98À100, 99t monitoring and reporting misuse, 105 patron record maintenance, 105À106 patron records, supplying, 107 queue design, 89À93, 91t return of/destruction of materials, 106 Six Sigma, 85À88 stakeholder relationship building, 96À97 Toyota Production System, three “M”s of, 93 usage statistics, 107À108 virtual learning environments, 103 walk-in users, 108 Procurement office, 7, 17 Purchasing power leveling the playing field, 149À150 playing field, 144 Q Queue design, 89À93 levels of difficulty, 91t R Relationships, 151 building, 5À6, 151À152 clear and consistent approach, 153À157 maintaining, 157À160 timing of, 152À153 Renewal, 12 Resources leveling the playing field, 150 playing field, 144 Responder leveling the playing field, 146À147 organizational roles, 141À142 Return of materials, 106 Revocability, 120 Right to sublicense, 120 Royalty-free, 120 S Self, 153 Seller leveling the playing field, 147À148 organizational roles, 142À143 Sense of value, 158À159 Severability, 14 Shared values/goals, 155À156 evaluation of, 156À157 Signatures, 14 Signed license agreement, 121 Six Sigma See Lean Six Sigma Sort work, 90 Southwest Airlines, 96 Stakeholders perspectives of library license, 5À7 relationship building, 96À97 Suppliers contacting, 9À10 obligations, 13 T Team approach, 166À168 cons, 167À168 pros, 166À167 Tennessee Claims Commission Act, 105 Terms, 120 Terms of use, 95 Timeframe of the contract, 12 Time-line, Toyota, 85À86, 96 Toyota Production System (TPS), 85À86, 88À92 three “M”s of, 93 U Understanding the field, 140À141 United States Code (U.S.C.) Section 107, 118 Title 17, 118 United States Copyright Law, 102À103 University of Tennessee library license volume at, 15t, 16f Usage restrictions, 120 Usage statistics, 107À108 U.S Copyright Act, Section 108, 104À105 V Venue, 13 Virtual learning environments, 103 W Waiver, 14 Walk-in users, 108 Workers’ schedules, balancing, 91À92 .. .LICENSING ELECTRONIC RESOURCES IN ACADEMIC LIBRARIES This page intentionally left blank LICENSING ELECTRONIC RESOURCES IN ACADEMIC LIBRARIES A Practical Handbook... or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or any information storage and retrieval system, without permission in writing from the... experience and knowledge in evaluating and using any information, methods, compounds, or experiments described herein In using such information or methods they should be mindful of their own safety