From: Freeda Brook <[log in to unmask]>
Date: Wed, 18 May 2016 10:17:11 -0500

Hi, Juleah--

What an interesting trend. I haven't seen this come up in any recent
license agreements, but somehow I'm not surprised. It strikes me as
similar to prohibitions against sharing subscription costs, and also
the general trend that data is now this thing that can be monetized
and sold.

From a copyright perspective, raw data cannot be copyrighted, but
arrangements, visualizations, etc can be. Given that COUNTER stats
come in a standardized format, I don't think they are copyrightable.
However, contract law trumps copyright, so if you sign an agreement
saying that you will not use the COUNTER stats in a certain way, then
that is something you could be held accountable for.

Like Michelle mentioned, I would see if they are willing to change
that language in the license agreement. Otherwise, I don't know. Is is
a deal breaker? Is it indicative of other troubling practices? On the
one hand, we have power in our dollars, but it often does not feel
that way with "essential" resources.

Best,

Freeda Brook, MLIS/MPA
Acquisitions and Resource Management Librarian
Preus Library, Luther College
700 College Dr.
Decorah, IA 52101
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