Re: concepts of perpetuity

["Nicola J. Cecchino" <njc12@psu.edu>]

Agreed!  This is quite simple - no.

Mr. Nicola J. Cecchino, MLS, AHIP
Assistant Librarian for Reference and Technology
George T. Harrell Library, H127
Penn State College of Medicine
Milton S. Hershey Medical Center
Hershey, PA 17033-0850
Email:  njc12@psu.edu

__________________

Warren Holder wrote:

> Is this a trick question? In my mind, the answer to your last question
> is a simple no.
>
> Warren Holder
> Electronic Resources Co-ordinator
> University of Toronto Libraries
> Toronto, Ontario CANADA M5S 1A5
> warren.holder@utoronto.ca
> www.library.utoronto.ca/its/warren.html
>
>
> Okerson, Ann wrote:
>
>
>> 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
>> ____________________________________________________________________
>>
>> 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