How Institutionalized Are Model License Use Terms? An Analysis of E-Journal License Use Rights Clauses from 2000 to 2009

Abstract

This paper explored the degree to which use terms proposed by model licenses have become institutionalized across different publishers’ licenses. It examined model license use terms in four areas: downloading, scholarly sharing, interlibrary loan, and electronic reserves. Data collection and analysis involved content analysis of 224 electronic journal licenses spanning 2000–2009. Analysis examined how use terms changed over time, differences between consortia and site license use terms and differences between commercial and noncommercial publisher license use terms. Results suggest that some model license use terms have become institutionalized while others have not. Use terms with higher institutionalization included: allowing ILL, permitting secure e-transmission for ILL, allowing e-reserves with no special permissions, and not requiring deletion of e-reserves files. Scholarly sharing showed lower institutionalization with most publishers not including scholarly sharing allowances. Other use terms showing low institutionalization included: recommendations to avoid printing requirements related to ILL and recommendations to allow hyperlinks for e-reserves. The results provide insight into the range of use terms commonly employed in e-journal licenses.