RE: CQ Press Hosting Fee & Relationship to Existing License

["Hamaker, Charles" <cahamake@uncc.edu>]

The current version of their license states CQ Press may 
periodically make changes to it and "post such changes on the 
Site and the changes will become effective immediately"...

I don't know how to respond, as it seems to counter the purpose 
of a negotiated license.

Chuck Hamaker


-----Original Message-----
From: owner-liblicense-l@lists.yale.edu
[mailto:owner-liblicense-l@lists.yale.edu] On Behalf Of Okerson, Ann
Sent: Wednesday, August 20, 2008 10:25 PM
To: liblicense-l@lists.yale.edu
Subject: CQ Press Hosting Fee & Relationship to Existing License

As readers may be aware, Sage Publishers bought CQ (Congressional
Quarterly) Press back in early June. Our library recently
received correspondence from CQ Press informing us that an annual
hosting fee for perpetual-access backfiles was being introduced,
in order to "support the highest quality standards for
institutional access to our perpetual access resources."

Though the requested fee is moderate, the introduction of this
fee is contrary to the language in our existing license with CQ
Press (dated October 2005), which, in the section on the
"Perpetual Electronic Ownership Rights Option" (Section XIV),
states that "Licensee shall be billed a one-time fee for the
ownership option." (We are currently also paying an annual
subscription fee for electronic access.)  There is language to
the effect that provisions shall survive any termination of this
agreement.  In any case, we checked with CQ Press and confirmed
that the existing license remains in force.

Does the publisher have a contractual obligation to us? Under
what conditions might such an obligation be changed?  We welcome
your thoughts.

Thank you, Ann Okerson/Yale Library