Illinois contract (Aug. 2004 through July 2011)

Core transaction? 
Publisher agrees to create print reports (both advance sheets and bound volumes) with quality, timeliness, and minimum quantity specified and deliver a subset of them (minimum quantity specified) to the state judicial system at a stipulated price, selling the balance to the public at a price not to exceed levels set in the contract.  Publisher’s right to distribute the Illinois Official Reports in print and electronic format is exclusive (for the duration of the contract).
Outsourcing editorial functions?
Reporter delivers all content in digital format.  Publisher will compose that material, alphabetize tables and indices, and typeset including material that must be submitted by the reporter in hard copy (e.g., maps, title pages).  All editorial review of the decisions, production of headnotes, etc. done by the reporter’s office.*
Price differential between state and public?
Yes.  For example, price to state for advance sheets is $48.98 per subscription, for bound volume of Illinois Reports $13.62; price caps for public on the same items are $306 plus shipping and $57.75.
Treatment of electronic edition(s)?
Publisher granted a license to put out electronic versions of the official reports (with a right to sublicense) for the term of the contract but has no obligation to do so.  A successor publisher will be granted the same.**
Possession and IP rights in digital copy of official reports?
While the state retains all IP rights in the reports, the contract does not give it possession of final digital copy.  Contract also contains a license to West to include Illinois Official Reports pagination into its “electronic reporter products” for a one-time fee of $10,000!!***
Publisher agrees to secure copyright in the reports for the state.

* Washington contract provides that the publisher’s duties include:
•	Conforming opinions to reporter’s style manual
•	Catching failures to comply with state policies on privacy of parties and witnesses and citation of unpublished decisions
•	Checking all quotes and citations
•	Performing a thorough edit of decisions
•	Preparing catchlines, headnotes, subject index entries, and summaries
•	Proofreading
**Washington’s 2000 contract placed an obligation on the publisher to create an electronic version of the reports.  That was removed in March 2003.  In return the publisher transferred data for such an edition, both current and historic to the state
*** Washington contract by contrast explicitly negates any copyright claim by state or publisher to pagination and editorial work done on the decisions themselves