CRIV CONNECTION

Author: Mary Jenkins, Library and Research Services Manager at Devine, Millimet & Branch, PA

Legal information professionals, particularly those who manage vendor relations and license agreements, occasionally encounter the frustration of a desired resource that is not available for sale to their particular library type or sector. Law librarians who have transitioned between library types often encounter this kind of access roadblock—discovering that a valued resource from a previous workplace is not even available for purchase or licensing in their new environment. I wrote for CRIV Connection previously about motor vehicle accident records, but there are plenty of other examples, some of which I discuss below. Why would publishers withhold access to content that is of interest to a segment of the user community? It seems logical that the legal publishing industry would aim to attract the broadest possible customer base.

In some cases, it is a matter of ignorance; the publisher or its local representative are not familiar with a market segment or underestimates the need. They might not recognize the value of introducing law students to a resource more typically used in firms. Perhaps the vendor is not aware of the potential benefit of data or a tool to public patrons. However, it can be a deliberate business decision to withhold access. A vendor may want to sell directly to end users, viewing the library as a middleman or reseller. This can happen with consortia and other membership organizations. The publisher may prefer to package content very differently depending on the vertical market. In redesigning the resource for another market, useful content or tools may be eliminated. By limiting access to certain library types, the vendor may be cutting off access to important information resources, for which there is little competition. Not only are users disadvantaged in these situations, but the vendor also misses out on a sale and may lose future business as customers look elsewhere for a more flexible vendor with comparable resources.

It is possible that the vendor does not understand the nuances of a user community. For that reason, the legal information professional plays an important role in educating vendors. We know the landscape—our users’ information needs, competitors’ products, and our segment of the law library community. Here are a few approaches to seeking resolution, starting with clarity about your patrons’ needs:

• Anticipate the vendor’s knowledge gaps or rationale. Prepare points and data to counter the arguments. You are most knowledgeable about your library type—how it serves users and strengthens the legal system. The vendor can benefit from your deep experience as you provide valuable market intelligence.
• Speak with your sales representative. It could be as simple as educating that person about your library and patron types.
• That person should be able to connect you with the vendor’s librarian liaison, typically someone intimately aware of libraries and the role of librarians. If there is not someone officially in that role, a sales manager will listen to your concerns and will know the publisher’s chain of command.
• Confer with colleagues at similar libraries. What resources or strategies have helped them to meet user needs? While they generally cannot share contract terms, they can discuss their experiences related to a product or a vendor. Perhaps you and a librarian in a role and organization like yours can meet with a vendor representative to have a conversation about the unmet need, the dilemma caused by their refusal to deal with libraries like yours, and to address any misconceptions or concerns.
• Ask the vendor to consider creative solutions to resolve the matter. Will they go to bat for you up their chain? Will they consider an exploration or test case with your library? Might they accommodate a subset of your user population?
• Make a request for CRIV assistance if your attempts are unsuccessful, providing CRIV with details of your attempts at gaining a resolution.

As is the case with any kind of product, vendors have a competitive advantage when they understand the nuanced needs of their customers and the people served by those customers. Within the broad categories of law schools, firms, and government, are a host of library and user types with a diversity of information needs. When the vendor and the legal information professional can share information effectively, the likelihood of unmet needs and unrealized sales decreases.