RE: concepts of perpetuity

["Okerson, Ann" <ann.okerson@yale.edu>]

Thanks to Bill and to Sally for useful comments.  However, my 
inquiry (see below) wasn't about promising perpetual access.

It was about our having purchased, with a signed contractual 
agreement, ongoing access *without further charges* -- and now a 
couple of years later, the publishing company is asking for a fee 
even though our signed license is still in effect.

That's what my message was about (adding charges to a supposedly 
fully paid contract) rather than reneging on long-term access -- 
anyone out there have thoughts about this?  If we paid an agreed 
upon price which required no further fee, should we now pay a 
fee?

Thank you, Ann Okerson

________________________________________
From: owner-liblicense-l@lists.yale.edu
On Behalf Of Sally Morris [sally@morris-assocs.demon.co.uk]
Sent: Monday, August 25, 2008 6:24 PM
To: liblicense-l@lists.yale.edu
Subject: RE: concepts of perpetuity

'Perpetual' is a promise no one can make (least of all about 
journal access ;-)

I prefer to call it 'continuing access'.  I believe that what 
actually concerns libraries is medium-term, post-cancellation (or 
post-disaster) access, rather than true long-term preservation. 
And even long-term preservation could not truthfully be called 
'perpetual'

Sorry, pedant speaking!

Sally Morris
Consultant, Morris Associates (Publishing Consultancy)
South House, The Street
Clapham, Worthing, West Sussex BN13 3UU, UK
Email:  sally@morris-assocs.demon.co.uk

-----Original Message-----
From: owner-liblicense-l@lists.yale.edu
[mailto:owner-liblicense-l@lists.yale.edu] On Behalf Of Bill Cohen
Sent: 25 August 2008 03:27
To: liblicense-l@lists.yale.edu
Subject: re: concepts of perpetuity

Harking back to the issue of "perpetual access" (below), Ann
Okerson is to be congratulated on raising an issue that is most
intriguing, if not electrifying.

How do licenses and contracts deal with issues of "perpetuity"--
relating to services intended to last without end?

This concept would seem to span a number of interests. Can a
library consider perpetual access as an asset? Can perpetual
access be claimed as a "right," to the extent that access to an
electronic resource is now "owned" by the institution?

It would be most helpful if readers can comment on how various
licenses treat the promise of perpetuity perpetual access, while
providing necessary financial safeguards for the provider.

One is almost reminded of marriage vows, also involving perpetual
obligations, intended to last forever and ever. It may be
possible, but the devil is in the details.

Bill Cohen, /Publisher
The Haworth Press www.HaworthPress.com
[Taylor & Francis Group]

____________________________________________________________________

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