Principles of Negotiation
C. Derrik Hiatt
Electronic Resources Librarian
Wake Forest University
Lesley Jackson, MLIS
Account Services Manager
EBSCO Information Services
North Carolina Serials Conference
6 March 2015
Quick audience poll
Any vendor representatives?
Have you ever negotiated license or purchase
terms?
1. Be prepared
● Know your objectives - what specifically are
you trying to accomplish?
Price, predictability of pricing, lower cost per use,
more content, more transparency, better data
●
●
●
●
Know your timetable
Learn about the other party
Use data
Know industry norms
Selected Resources
● LIBLICENSE (http://liblicense.crl.edu/)
● LicensingModels.org
● Model License Comparison Table
https://sites.google.com/site/licensecompare/
● Shared E-Resource Understanding (SERU)
● Use your previously-negotiated licenses
LIBLICENSE
● http://liblicense.crl.edu/
● Center for Research Libraries and
Association of Research Libraries
● 2014 standard license update (previously
called the “Yale model”)
● Licensing vocabulary
● New! Liblicense software
SERU
● http://www.niso.org/workrooms/seru
● NISO Best Practice
● Not a license - expresses commonly shared
understandings about appropriate &
inappropriate use of content, plus service
provision, perpetual access, etc.
Use previously-negotiated licenses
2. Know how far you can/cannot go
● Know the limits of your authority.
● Know how the resource is going to be used.
● Know your organization’s rules, and the
reasons behind them.
3. Don’t be afraid to ask
● The answer just might be yes.
● Ask questions you (think you) already know
the answer to.
● But ...
4. Respect the other party's position
● You have rules & limitations, so do they.
● The business relationship continues.
5. Don’t take it personally
● It’s an institutional disagreement, not a
personal one.
● When frustration flares, take a break.
● Have a sense of humor.
6. Bring in other people if necessary
● Ask to speak to someone who can make an
exception.
● Ask your supervisor for help.
● Leave ego out of it.
7. Look for the win-win*
● It’s not a competition. The library wants to
buy, the vendor wants to sell.
● It takes work. Don’t assume there is just one
way.
*Stephen
R. Covey, The Seven Habits of Highly Effective People: Restoring the Character Ethic (New
York: Simon & Schuster, 1989).
8. Be patient, try to remain optimistic
●
●
●
●
Stay positive
Things may change on the library’s side
Things may change on the vendor’s side
“I am confident that we can find a solution
that works for both of us.”
9. Learn and document
● Educate yourself on common licensing
language
● Keep track of negotiated licenses and changes
you and the vendor make
Thank you!
C. Derrik Hiatt
Wake Forest University
hiattcd@wfu.edu
Lesley Jackson
EBSCO Information Services
ljackson1@ebsco.com
Selected Resources
● LIBLICENSE (http://liblicense.crl.edu/)
● LicensingModels.org
● Model License Comparison Table
https://sites.google.com/site/licensecompare/
● Shared E-Resource Understanding (SERU)
http://www.niso.org/workrooms/seru
Selected bibliography
Beth Ashmore and Jill E. Grogg, “The Art of the Deal: Negotiation Advice from Library Leaders and
Vendors,” Searcher 17, no. 1 (Jan. 2009): 18-25.
Lesley Ellen Harris, “When the Negotiations Begin, Listen Carefully, Stay on Point,” Information
Outlook 11, no. 3 (Mar. 2007): 32.
Jane Baugh, “Getting to Yes for Your Library,” AALL Spectrum 15, no. 6 (Apr. 2011), 9-11.
Amy R. Crawford, “Licensing and Negotiations for Electronic Content,” Resource Sharing &
Information Networks 19, no. 1-2 (2008): 30.
Jason Price, Donna LaFollette, Rick Burke, “Negotiation Principles,” ER&L Conference, 2014. Slides
available at http://www.slideshare.net/jpricein/scelc-negotiation-techniques-erl-2014.
Stephen R. Covey, The Seven Habits of Highly Effective People: Restoring the Character Ethic (New
York: Simon & Schuster, 1989).
Roger Fisher, William Ury, and Bruce Patton, Getting to Yes: Negotiating Agreement Without Giving
In, 2nd ed. (New York: Penguin, 1991).