# Presentation: 549176

## The Government Marketplace:Licensing and Negotiating in the Electronic WorldCo-sponsored by FLICC and NFAIS

- Jane L. Rosov
- National Library of Medicine

## DATA DISTRIBUTION PROGRAM

- A part of NLM’s mission to collect, organize, and disseminate the world’s biomedical information.

## Where is NLM?

- Department of Health and Human Services
-    Public Health Service
-       National Institutes of Health
-          **National Library of Medicine     **
-             Library Operations
-                Bibliographic Services Division
-                   MEDLARS Management Section

## DATA LEASED BY NLM

**MEDLINE **
- includes **in-process records**, so-called **‘specialty data’** formerly residing in separate databases, and **out-of-scope-for-MEDLINE** records
- no full-text
- not the same as PubMed
**TOXNET databases **
- toxicology information
**Technical Services Databases**
- serials and cataloging information

##  Separate licenses for: 

Unified Medical Language System (UMLS)® Knowledge Sources 
 includes the UMLS Metathesaurus®, Semantic Network, and SPECIALIST Lexicon

Visible Human Project®

- Unified Medical Language System (UMLS)® Knowledge Sources
-  includes the UMLS Metathesaurus®, Semantic Network, and SPECIALIST Lexicon
- Visible Human Project®

**DATA LEASED BY NLM, cont’d**

## RELATED DATA DISTRIBUTED BY NLM (NO LICENSE) 

**Can download at no cost:**
**Medical Subject Headings** (MeSH)
- www.nlm.nih.gov/mesh/filelist.html
- requires completion of a brief online Memorandum of Understanding
** ****PubMed Journal files**
- pubmed.gov/entrez/getids_help.html#JournalLists
-  **List of Serials Indexed for Online Users**
- www.nlm.nih.gov/tsd/serials/lsiou.html
-  **Updates for Indexed Titles **
- www.nlm.nih.gov/tsd/serials/jnlupdate.html

## ALTERNATIVES TO LEASING 

**No license needed to:**
**create web links from web sites to NLM services** such as PubMed®, LocatorPlus and MEDLINEplus®
- pubmed.gov/query/static/linking.html
- www.nlm.nih.gov/medlineplus/linking.html
**download small amounts of data from PubMed**
- www.ncbi.nlm.nih.gov:80/entrez/utils/utils_index.html
- www.nlm.nih.gov/databases/download.html
- compliance with certain provisions of the license (e.g. copyright and currency)

## OVERVIEW www.nlm.nih.gov/databases/leased.html

- No charges
- No search software
- NLM’s licensees may redistribute the leased data
- U.S. organizations or NLM’s formally recognized International MEDLARS Centers
- Provide attribution to NLM
- XML format

## OVERVIEW, cont. 

**One standard license**
- Signed at NLM by Sheldon Kotzin, Chief, Bibliographic Services Division, a part of NLM's Library Operations
- No tailored terms/conditions
- Covers all leased databases (except UMLS® and Visible Human Project®)
- In effect until terminated by licensee or NLM
- Dynamic -  revisions reviewed by NIH legal counsel

## KEY LICENSE REQUIREMENTS 

- Section D:  QUALITY ASSURANCE
-  NLM shall:
- Perform and make available updates and maintenance on its data.
- Evaluate, including testing, the Licensee's system to determine compliance with the License requirements.

## Section D:  QUALITY ASSURANCE, cont.

- The Licensee shall ...:
**Retain**...**a minimal set of data elements**, some of which are searchable.
**Add** to the NLM databases **new records**...but **not less frequently than quarterly.**
**Correct records** at the time new records are added, but **not less frequently than annually**.

## Provide timely announcements to inform the Licensee's users of significant errata and/or retractions identified by NLM.

Perform annual class maintenance on the records in MeSH‐based files when MeSH terms are retained in the Licensee's records.

Perform updates, maintenance, corrections, and any value‐added activity in such a way that no elements in the records become incorrect.

**Perform** **annual class maintenance** on the records **in MeSH‐based files** when MeSH terms are retained in the Licensee's records.
**Perform updates, maintenance, corrections**, and any value‐added activity in such a way that **no elements in the records become incorrect**.

- Section D:  QUALITY ASSURANCE, cont.

## Retain NLM records in a discrete file, or, if a complete NLM record is merged with records from other sources, label the NLM record so as to identify NLM as the source. Obtain written permission from NLM to merge NLM records... 

Describe explicitly to users the contents of the NLM database(s) and characterize accurately the capabilities of the Licensee's retrieval system and the purpose for which the NLM database is suitable and appropriate. Licensees must properly use trademark symbols when referring to NLM databases, systems, and products. Licensees must name their product in a fashion that clearly distinguishes it from NLM‐produced databases accessible at the Library.

**Describe** explicitly to users **the contents** of the NLM database(s) and **characterize accurately** the **capabilities of the Licensee's retrieval system** and the purpose for which the NLM database is suitable and appropriate. Licensees must properly use **trademark symbols** when referring to NLM databases, systems, and products. Licensees must **name their product** in a fashion that **clearly distinguishes it from NLM‐produced databases** accessible at the Library.

- Section D:  QUALITY ASSURANCE, cont.

## Provide adequate customer service to answer questions about the NLM databases and the hardware and software necessary to use the Licensee's system.

Provide a searching system that is sufficiently accurate to retrieve the same records or more relevant records when the identical search request is searched against the same database.

Retrieve all records containing a specified value in a data element if the user is desirous of doing so unless the Licensee clearly states specific limitations of the retrieval system. 

Take reasonable steps to ensure that users will not continue to access products containing NLM data that have become superseded by updated and/or maintained versions.
.
.
. 

**Provide a searching system that is sufficiently accurate** to retrieve the same records or more relevant records when the identical search request is searched against the same database.
**Retrieve all records containing a specified value in a data element** if the user is desirous of doing so unless the Licensee clearly states specific limitations of the retrieval system.
**Take** **reasonable steps to ensure that users will not continue to access products** containing NLM data **that have become superseded** by updated and/or maintained versions.
**.**
**.**
**.**

- Section D:  QUALITY ASSURANCE, cont.

## Section E. RESTRICTIONS ON USE, DUPLICATION, AND REDISTRIBUTION

- The Licensee shall inform its users that the** **duplication, resale, or redistribution of data obtained under this Agreement must** **conform to **fair use guidelines and U.S. and international copyright law**. Any duplication, resale, or redistribution by the Licensee or its users... must also **conform to NLM's quality assurance requirements..., copyright constraints...., **and** usage reports... **Written approval from NLM is** **required before a  non-U.S. licensee duplicates, resells, or redistributes** **NLM** **data...

## The Licensee shall issue the following notice regarding downloading and subsequent re‐use of portions of NLM databases obtained from its products, irrespective of the medium on which it is provided.

      "Unless otherwise prohibited, organizations or institutions may download small amounts of NLM‐produced citations for redistribution... Since NLM makes corrections and enhancements to and performs maintenance on these records at least annually, you should plan to replace or correct the records once a year to ensure that they are still correct and searchable as a group." 

      "NLM databases are produced by a U.S. government agency and as such the contents are not covered by copyright domestically. They may be copyrighted outside the U.S. 

      "All records must be identified as being derived from NLM databases." 

-       "Unless otherwise prohibited, organizations or institutions **may download small amounts of NLM‐produced citations for redistribution**... Since NLM makes corrections and enhancements to and performs maintenance on these records at least annually, you **should plan to replace or correct the records once a year** to ensure that they are still correct and searchable as a group."
-       "**NLM databases** are produced by a U.S. government agency and as such the contents are** not covered by copyright domestically. They may be copyrighted outside the U.S. **
** **
**     ** "**All records must be identified as being derived from NLM databases.**"

- Section E. RESTRICTIONS ON USE, DUPLICATION, AND REDISTRIBUTION, cont’d

## Section F. COPYRIGHT CONSTRAINTS

- The **Licensee is required to display in full **the following statement in order that its users be made aware of these copyright constraints:
-     “**Some material in the NLM databases is from copyrighted publications of the respective copyright claimants.  Users of the NLM databases are solely responsible for compliance with any copyright restrictions and are referred to the publication data appearing in the bibliographic citations, as well as to the copyright notices appearing in the original publications, all of which are hereby incorporated by reference**.”

## The Licensee and its users shall be solely responsible for compliance with any copyright restrictions; NLM assumes no responsibility or liability associated with the Licensee's (or any of the Licensee's users') use and/or reproduction of copyrighted material. Anyone contemplating reproduction of all or any portion of any of the NLM databases should consult legal counsel.

- Section F. COPYRIGHT CONSTRAINTS, cont’d

## Section J. USER REPORTS

**    ****Usage** of NLM databases by the Licensee's users and users of NLM databases redistributed or resold by the Licensee **must be reported at least annually to NLM** by all Licensees using NLM supplied report forms.

## DOWNLOADING FROM NLM www.nlm.nih.gov/databases/download.html 

-           Although a signed license agreement is not needed, **users must ensure that all downloaded publicly accessible data stored in electronic form for over one year must be in compliance with the following provisions of the NLM license agreement**:
- Users of these data must be provided a** clear description** of how the product/service was derived, **indicating the currency and the source database**.

## At least annually, the data must be corrected to incorporate the maintenance NLM has made to these records during the year...
Consult legal counsel to ensure compliance with intellectual property laws. NLM cannot provide advice about copyright issues. 
NLM prefers that MeSH terms be retained as assigned by the indexers. 
The NLM record (or portion thereof) in the product/service must be labeled so as to identify NLM as the source...
Use trademark symbols when referring to the NLM databases, system and products. A product/service using downloaded data must be named in a fashion that clearly distinguishes it from NLM‐produced databases accessible at NLM. 

**Consult legal counsel to ensure compliance with intellectual property laws. NLM cannot provide advice about copyright issues**.
**NLM** **prefers that MeSH terms** **be retained** as assigned by the indexers.
**The NLM record (or portion thereof) in the product/service must be labeled so as to identify NLM as the source...**
**Use** **trademark symbols** when referring to the NLM databases, system and products. A product/service using downloaded data must be named in a fashion that **clearly distinguishes it from NLM‐produced databases** accessible at NLM.

**DOWNLOADING FROM NLM** www.nlm.nih.gov/databases/download.html,cont’d

## Contact

**Jane L. Rosov**
- e-mail – janer@nlm.nih.gov
- voice - (301) 496-7706
- MEDLARS Management Section
- National Library of Medicine
- 8600 Rockville Pike
- Bethesda, MD 20894