22 Discovery
Erik Limpitlaw
Desired result
The goal of this clause is to document the responsibility of the licensor to provide all necessary information associated with the licensed content to the licensee; thus, ensuring it can be made discoverable and accessible by its authorized users.
What it means
The primary focus of this clause is practical and operational in nature. It is necessary for the licensor to provide the licensee updated and frequent metadata so that authorized users may search and discover the licensed content on the library interface or library discovery tools. While discoverability may be enhanced by improved technologies, the core standard and responsibility of the licensor is rooted in this clause. Through a clear articulation of these responsibilities, both parties are ensured that the licensed content is fully utilized. The importance of discoverability now has a foundational influence on the developing standards of accessibility which is addressed separately in the Agreement.
Desired Language
Example clause:
“Licensor shall make the Licensed Materials available through Licensee’s Discovery Service System(s) for indexing and discovery purposes. Licensor shall provide to Licensee’s discovery service vendors on an ongoing basis the citation and complete descriptive metadata (including all subject headings, abstracts, and keywords), and full-text content necessary to facilitate optimal discovery and accessibility of the content for the benefit of Licensee and Authorized Users. Discovery Service Systems are defined as user interface and search systems for discovering and displaying content from local, database and web-based sources.” (CRL Model License 2014)
Tricks & traps
This clause is rarely negotiated. It is common to find similar language across model licenses.
Importance & Risk
To improve the discoverability of licensed content, a library may use an integrated library system or discovery service to provide a comprehensive search interface for authorized users. Since metadata is essential for discoverability, the descriptive information provided by the licensor about the licensed content must be accurate and complete to improve discoverability. Types of metadata may include title, author, subject headings, abstracts, publication information, and identifiers such as ISBN and DOI. Reducing the likelihood of misuse and unauthorized use of licensed content can be achieved by integrating sophisticated authentication and access controls to such an interface.