TÜBİTAK EKUAL Principles for Licensing General
- The publisher’s draft license agreement, preferably containing provisions that respond to the principles as established in this document, should be provided to ULAKBIM in advance along with the proposal.
- The parties should be identified in the license agreement accurately and clearly.
- All terms and phrases as used in the license agreement should be defined accurately, in a manner that is clear and easy to understand.
- Licensed Materials (LM) should be clearly defined in the license agreement and the list of LM should be provided in attachment to the license agreement, in a detailed manner, providing such information as the name of the Periodical, ISSN, and eISSN, the subject coverage of the Periodical, the Impact Factor, if available, and other similar information, along with information on access allowed to members to content / periodicals by year (volume / number) and the article format as well (PDF, HTML, TeX, etc.).
- The members’ list that happens to be the subject of the License Agreement should be specified in the License Agreement.
- Authorized Users should be defined in a clear and appropriate manner.
- Permitted use, including remote access and loans (ILL), should be defined in the license agreement in a clear manner. Licensed products should be available for use through on-site or remote access to all students and academic or administrative staff of the member Institutions as well as their identified library users, regardless of location or premises. There should not be any restrictions on access for any geographical reasons.
- Use of a “PROXY server” for access to content should be allowed.
- Communication information about contact persons that are directly in charge of matters in connection with the product, pertaining to content, management or administration, technical issues, and training as well, should be provided to Licensee.
Content and Access
- The form of access to electronic content should be clearly stated and access to electronic content should precede access to print content.
- In case of addition, removal, cancellation, or transfer of a Periodical to or from the Content during the period of subscription, the Licensee should be informed to that effect automatically and in advance.
- While the License Agreement is in effect; in case of cancellation, or transfer to a different publisher, of Periodicals in a threshold proportion (%) to be mutually agreed relative to total number of Periodicals offered by the Publisher, or removal or transfer of selected important Periodicals that have high impact value, such circumstances should reflect in the subscription fee OR the Licensee should be offered refund / credit representing proportion of such reduction in content. The License Agreement should also stipulate that the License Agreement would be re-negotiated in such cases of change in content.
- PERPETUAL ACCESS: The License Agreement should clearly state the procedure applicable vis-à-vis access in case of cancellation, or transfer to a different publisher, of licensed products during the period of subscription. Uninterrupted access to content should be offered for the years of subscription paid for and there should not be any additional fees for such uninterrupted access.
- After termination of the License Agreement, during post-cancellation period, retroactive access to all content as paid for under the License should be offered in the form of perpetual access and without any conditions or additional fees. The number of years (backfile access) and access format (online etc.) for such retroactive access should be clearly specified.
- ARCHIVING: Obligations pertaining to archiving should be clearly stipulated in the License Agreement, specifying who will have permanent archival responsibility for the licensed content as well as the circumstances under which the archive copies would be accessed. One copy of each licensed materials should be provided free of charge to the Licensee for purposes of long-term access and archiving in a format (print and / or electronic) to be decided jointly by the parties; the Licensee should be allowed to create one archive copy of the licensed products.
- The Licensee should be able to share, via the secure network, the archive copies with authorized users covered under the License Agreement.
- USAGE DATA: The usage data of the database/product should be supplied to the Licensee in such detail as requested (for individual Periodicals, on the basis of subscribing Institutions, AND as monthly and annual total usage figures), in a form compliant with international standards and COUNTER. The Licensee only should be authorized to monitor usage data for members covered by the national license agreement; members’ individual / Institutional usage data should be accessible online for monitoring by each respective member. Any technical arrangements for such monitoring shall be the responsibility of the Licensor.
- During the subscription period, access should be uninterrupted on 7-day 24-hour basis. In case of any technical breakdown or interruption of access, the related problems should be eliminated within the same workday. Where periods of interruption prove to be relatively long, the Licensor would be expected to concatenate such periods to the end of the license period.
- It is expected that any additions to interface, or revision, updating, upgrading thereof, in order to allow faster and easier use of the system especially by the end users, would be effected without any additional fees being required.
- CONFIDENTIALITY: Information on any subscription under the License Agreement (member information, usage data, price, etc.) should be protected in accordance with confidentiality requirements and should not be shared with any third party Institutions and / or persons in any manner whatsoever without written Approval of ULAKBİM.
- For articles contained in licensed Periodicals; permission should be granted for open access or archiving in Institutional repositories (pre-print or post-print), with format and conditions applicable being clearly stated in the License Agreement.
- On the database interface; the standard Banner of TUBITAK ULAKBIM EKUAL should be used and the Licensor should arrange linking to online catalogue, full text of articles or documents, or to any relevant applications. There should not be any need for a service provider’s front-end or gateway for accessing Periodicals or articles. Easy-to-use linking should be provided, using Open URL standard, to full text content from other bibliographical databases.
Licensing and Subscription
- Pricing model for subscription should be given in a clear and detailed manner in attachment to the proposal and the License Agreement.
- The Licensee should have rights to free access to all licensed materials.
- Period of license (dates of commencement and expiry), as well as all details pertaining to fees and payment should be contained in the text of the License. In case of multi-year licenses, any annual price increases (%) should be clearly stated.
- Subscription on the basis of selected Periodicals should be allowed depending on subjects covered, taking into consideration the profile of a member Institution and the relevant body of researchers.
- Under the National License (TÜBİTAK EKUAL), e-subscription should not require subscription to a Periodical in print format. In case of those models that are based on member Institutions’ subscriptions to Periodicals; depending on a mutually agreed assessment based on the total number of Periodicals as offered by the publisher, members should be allowed to cancel, up to a certain proportion, and /or change titles of the licensed materials (Periodicals) that they are subscribed to, OR there should be provision for designating, over the members’ existing subscriptions, a core list of Periodicals with fixed rights to archiving. (This is intended to prevent payment for subscription to the same Periodical in behalf of multiple Institutions under national licensing).
- In case of e-only based subscriptions, the DDP (Deep Discount Price) rates that would be offered to members for Periodicals in print format should be clearly stated in the License Agreement, with the said rates not to exceed 15 percent.
- In case of pricing based on the number of Institutions or researchers, free access should be provided to any member Institutions that are newly opened while the License Agreement is effective, and then, at the end of this period in process of license renewal, pricing for these new members should be decided in view of “number of new researchers” at postgraduate level.
- In case of multi-year subscriptions, depending on analyses of content and usage that the Licensee would be performing on an annual basis, there may be adjustment, amendment, or cancellation of the license on the condition that notice would be provided to that effect at least 30 days in advance of the relevant year-end. Provisions for such action should be clearly included in the License Agreement under the label of “subscription with annual options”.
- Notice should be provided to the Licensee 90 days prior to expiration of the license and any automatic renewal of license should not be effected without written notification from the Licensee.
- A new proposal may be communicated to ULAKBİM no later than six months before expiry of subscription period, provided that it is prepared again in accordance with ULAKBİM principles of licensing as contained in this document.
- In order for any payments associated with a subscription to be made, all work done in connection with licensing and any relevant documents thereof (sole authorized signatory and apostille certificate, to be updated for each year, the text of a License Agreement containing all requisite provisions, and other relevant documents) must have been fully furnished to ULAKBİM and the database must have been opened to user access.
*** In the event of any violation of rights or any disputes, where the parties fail to produce mutually acceptable resolution, the License Agreement shall be subject to and construed in accordance with the Laws the Republic of Turkey.