FW: Problems with Blackwell Publishing Standard License Agreement

["Bannerman Ian" <Ian.Bannerman@oxon.blackwellpublishing.com>]

Dear Mr Debus-Lopez and liblicense members

Thank you for your comments on Blackwell Publishing's licensing terms.

We continue to offer a very permissive license for Online-only
subscriptions, Premium online-plus-print subscriptions and consortia
customers. In addition, we now offer online access to the current and
previous year's volumes with a standard print subscription. The license
for this is less permissive. The emails that you have received explain how
to gain standard access to the journals, as well as pointing you to our
standard license.  We took the decision to automatically set-up standard
access to our journals for libraries with a print subscription where we
hold appropriate online contact information in order to minimise any
access delays.

The standard license does not provide for inter library loan, walk in
users, or remote user access, but it does not specifically prohibit them
(see section 4). We have not put any technical controls in place to limit
this use but we reserve the right to do so.

If a library with a standard subscription has not yet been contacted by us
with access instructions but would like to gain standard access, then send
an email to onlinehelp@blackwellpublishing.com and let us know:

� Your name and email address

� Your institution's name and addresses of all the main sites covered by
your library

� List of the Blackwell journals you have a print subscription to and you
want standard access set up for.

Premium online access is available to all libraries that opt for a Premium
online-plus-print subscription (10% on top of the standard price) or an
online-only subscription (10% less than the standard price).  This
includes access to all available back-files and OnlineEarly articles for
several journals via Blackwell-Synergy, where peer-reviewed articles are
posted online before the print issue is published.

In addition to deeper content, the license for this level of access includes:
-	Ongoing access after expiry
-	Inter library loan (paper copy printed from electronic)
-	Electronic course pack use
-	Walk in users
-	Remote users

To upgrade your standard subscription to Premium or Online, please contact
your usual subscription agent or email
customerservices@oxon.blackwellpublishing.com and provide your Customer ID
and Subscription Number (if known) and full address.

Our intention is to offer a range of online options to suit the needs of
our customers and I apologise for the inevitable confusion caused by these
changes. I hope that this explanation is helpful.

Kind Regards


Ian Bannerman

********************************************
Ian Bannerman
Journal Sales Director
Blackwell Publishing
9600 Garsington Road, Oxford OX4 2DQ, UK
+44 (0)1865 476421 (tel)
+44 (0)1865 471421 (fax)
ian.bannerman@oxon.blackwellpublishing.com
http://www.blackwellpublishing.com
http://www.blackwell-synergy.com
********************************************
-----Original Message-----
Date: Fri, 14 Feb 2003 18:49:19 EST
From: kdebus@library.wisc.edu
To: liblicense-l@lists.yale.edu
Subject: Problems with the Blackwell Publishing Standard License agreement

Dear Liblicense-l members,

The University of Wisconsin-Madison has recently reviewed the license from
Blackwell Publishing for the new "free" standard access to their
e-journals.  As you probably know, the Standard License gives us access to
the current and previous year of the Blackwell Publishing titles if we
also have a subscription to the print.  Recently we received unsolicited
notifications of activation for free w/print (Standard) access for
Blackwell titles.  Included in these notifications is reference to a
license agreement governing standard access:

(http://www.blackwell-synergy.com/help_pages/Blackwell_Publishing_Standard_Access_Agreement.pdf),

of which we were not previously made aware.  Emails from vendors outlining
the 2003 Blackwell price model and their price list
(http://www.blackwellpublishing.com/cservices/pricelist.pdf) made no
reference to there being a separate license agreement for Standard access.

We compared the Standard license to the Premium license (which took us two
years to negotiate) and found some significant differences, more than just
archival access.  We sent a general request to Blackwell asking for
clarification of the differences between the two licenses as our
impression was that the main difference between the two was content and
archival access, with a lingering question about remote access.

We had seen reference to "No Remote Access" in e-mails from vendors about
the 2003 price model but no further explanation was provided on how this
would be implemented by Blackwell, especially for institutions as ours
where we have Premium titles that allow for remote access and Standard
titles that presumably do not have such access.  Do you know how they will
restrict remote access for some, but not all of the Blackwell Publishing
e-journals?

After comparing the Standard terms to the Premium terms we asked why
references to "walk-in" users were removed and were told that "No walk-in
users" were permitted under the Standard license.  This is not acceptable
to any library that allows the public to use their collections.  Have any
of you successfully added in "walk-in users"?

Finally, have any of you managed to add interlibrary loan into the license
-- at the very least ILL through use of a printout from the Blackwll
Publishing web site?  Of course, we would prefer interlibrary loan of the
electronic too.

At the same time that we are working with this license, Blackwell
Publishing is activating access to their e-journals for us even though we
have not reached an agreement.  We find this unacceptable.

This license does not require a signature, but, we are supposed to make
the terms available to our users.  Since it does not require a signature
are the rest of you ignoring the license assuming that it would not stand
in a court of law?

Any advice on how you are approaching this license, would be greatly
appreciated.

Sincerely,

Karl E. Debus-Lopez
Chief Acquisitions Librarian
University of Wisconsin-Madison

Aimee Glassel
Electronic Resources Librarian
University of Wisconsin-Madison

Susan Barribeau
Electronic Resources Coordinator
University of Wisconsin-Madison
--

Karl E. Debus-L�pez
Chief Acquisitions Librarian and
  Head, Acquisitions and Serials Department
Central Technical Services
General Library System
University of Wisconsin-Madison
Room 330N Memorial Library
728 State St.
Madison, Wi 53706-1494

Phone: (608) 262-2619
Fax: (608) 262-4861
E-mail: kdebus@library.wisc.edu