eBook Pledge Addendum

A Model Supplemental Agreement

Download the agreement (Word versionPDF version) or read it below.
Check out the available translations.

Together, let’s continue to build a fairer, more transparent eBook world!

Why is this Important?

This Model Supplemental Agreement is a practical tool for progress towards making eBook transactions fairer and more transparent. By standardising terms and fostering clearer communication and rights between parties, we aim to create a more equitable landscape for eBook distribution and use.

For Whom?

This agreement is especially useful for libraries, publishers, and authors involved in the eBook ecosystem, as it creates a fair environment where access to knowledge is promoted for the benefit of all the stakeholders involved. It serves as a guide to negotiate terms that respect the rights and needs of all parties.

Other Languages

Key Features of the Agreement

Direct lending and inter-library loans: The agreement mandates publishers to offer all new eBooks for lending immediately upon public availability.

Individual eBook purchases: Libraries should be able to purchase eBooks individually, outside of bundles, promoting greater choice and flexibility.

Transparent pricing: The terms include clear differentiation of costs between the eBook file and any associated platform or hosting fees.

Fair pricing models: Publishers are encouraged to align eBook pricing with that of physical copies.

Access rights: Libraries are granted the right to host eBooks on their own platforms, ensuring long-term accessibility and lending on a “one copy, one user” model.

Subscription security: The agreement assures against the withdrawal of titles during subscription periods, except in specific legal scenarios.

Data privacy and sharing: The agreement aligns data collection with library privacy policies and facilitates sharing of non-personal usage data.

Author remuneration: The addendum creates the conditions for fair remuneration for authors, particularly in the context of public library eBook lending.

Catalogue sharing: Libraries can freely share catalogue records obtained through eBook purchases, fostering a collaborative environment.

Please note that the Model Supplemental Agreement available on this site is provided for informational purposes only and does not constitute legal advice. This document is intended as a draft model to serve as a starting point or reference in your negotiations and considerations regarding eBook agreements. Legal contexts can vary significantly based on jurisdiction, specific arrangements, and other factors. Therefore, it is advisable to consult with a qualified legal professional to ensure that any agreement you enter into is appropriate for your specific situation and complies with all applicable laws and regulations.

The Agreement

Model eBook Licence

THIS SUPPLEMENTAL AGREEMENT is made on the [date] and is made between:

[Name of institution] of [address ] (“The Licensee”) of the one part; and

[Name of publisher] of [address ] (“The Publisher”) of the other part;

collectively known as the “Parties”;

and is SUPPLEMENTAL to an Agreement (“the Original Agreement”) made [date] between the said parties.

The Parties have agreed that this is a supplemental to an agreement (Title of original agreement) (“the Original Agreement”) dated [date].

This supplemental shall vary the Original Agreement, and any supplementary agreements to the Original Agreement, signed by the Parties. Except for the terms varied by this Agreement, and any supplementary agreement to the Original Agreement, the terms of the Original Agreement shall remain in full force and effect to the extent that they do not conflict with the terms outlined herein. In the event of any conflict between any other agreement and the terms listed below the terms of this Supplemental Agreement shall prevail.

IT IS HEREBY AGREED AS FOLLOWS:

In consideration of the fees paid by the Licensee pursuant to the Original Agreement as of the above specified date the Original Agreement shall be amended as follows:

  1. The Publisher shall offer all eBooks henceforth published by the Publisher to preserve and to lend directly or via inter-library loan, as soon as they are available to the public subject to agreement of a reasonable fee.
  2. The Publisher shall make all eBooks individually available for acquisition to libraries outside of bundles.
  3. The Publisher shall make available to libraries pricing terms which are transparent and clearly differentiate between the cost of the eBook itself (Digital File), and any hosting and platform costs (Platform Costs). Where percentage-based models are the norm, this should comprise the percentage paid to the publisher and the percentage paid to the author, and the platform provider.
  4. The Publisher shall, without prejudice to other licensing models, offer pricing for the Digital File on a “one copy one user” basis that is the same or similar to the price of the paper copy of the book, where available.
  5. The Publisher shall allow all users of the library to access eBooks onsite and off.
  6. The Publisher shall grant libraries the right to receive and host the Digital File on their own platform in perpetuity if requested, and lend to their own patrons on a “one copy one user” model without incurring any Platform Costs. For the avoidance of doubt, unless agreed otherwise, a publisher shall no longer be responsible for or have any obligations to provide libraries with replacement digital files when they become corrupted and degraded, in the case of files being held on library servers.
  7. The Publisher shall not withdraw titles during the subscription period, and with at least 12 months prior notice to both libraries and authors, unless required due to an unforeseen legal reason.
  8. The Publisher shall align any collection of data with library privacy policies, and share non-personal and/or anonymised usage data with libraries to support their own decision-making.
  9. With particular reference to but not necessarily limited to eBook lending in public libraries the Publisher shall provide authors with appropriate remuneration for the lending of their works by libraries.
  10.  The Library shall be permitted to develop and freely share with other libraries catalogue records made available to it as part of its eBook acquisitions.
  11.  Any provision in this or any prior agreement between the Publisher and the Licensee that undermines exceptions and limitations in national law shall be rendered null and void.

Henceforth, the Original Agreement shall be read and construed as if the above amendments had originally been incorporated therein.

IN WITNESS WHEREOF the authorised signatories of the parties hereto have executed this Agreement as of the above specified date.

Signed for and on behalf of [The Licensee]

Name:…………………………………………………………………………………….

Signature:………………………………………………………………………………

Title:……………………………………………………………………………………….

Signed for and on behalf of [The Publisher]

Name:…………………………………………………………………………………….

Signature:………………………………………………………………………………

Title:……………………………………………………………………………………….