RE: EMBO Journal / Archival access to paid-for content

[kaemper@ub.uni-stuttgart.de]

[Crossposted to liblicense-l, lis-e-journals, erwerb-l. Please excuse 
duplicate receipts.]

I still have to report the answer from NPG: 

NPG currently is not prepared to offer permanent access to paid-for 
content via their own platforms or via HighWire but in case of lapsed 
and not renewed subscriptions that have not been replaced by access 
via a campuswide site licence, they will honor inherited access rights 
of former OUP subscribers to the EMBO journal by providing the files 
of 2003 on CD-ROM or DVD to each customer who asks for it. 

Please note that for EMBO journal (and EMBO reports) content older than 
12 months is automatically becoming open access on both the NPG and 
HighWire platforms; in addition, peer-reviewed primary research 
articles are also indexed in full text via Pubmed Central with Publinks 
being redirected to the full text (or article frontdoor) on the 
HighWire platform. 

This is the information I received from NPG at the recent 3rd meeting 
of the Library Advisory Committee 4 weeks ago in New York. I would have 
preferred that NPG had directly answered on liblicense-l, but the 
message NPG already sent to liblicense-l (Nature Publishing Group: 
The EMBO Journal & EMBO reports, from: "Communication, NPG" 
<annette.thomas@nature.com>, sent Fri, 12 Mar 2004 10:01:29 EST) just 
asked customers to contact NPG individually. This is fine but it does 
not answer the policy question.

Best regards,
Bernd-Christoph Kaemper, GASCO Nature Consortium

--
Bernd-Christoph Kaemper, Dipl.-Physiker, Bibl.-Rat 
Fachreferent f�r Physik und Koordination elektronischer Ressourcen 
Universit�tsbibliothek Stuttgart, Postfach 104941, 70043 Stuttgart 
Tel +49 711 121-3510, Fax +49 711 121-3502, kaemper@ub.uni-stuttgart.de


-------- Original Message --------
Subject: RE: EMBO Journal / Archival access to paid-for content
Date: Wed, 18 Feb 2004 17:02:17 EST
From: kaemper@ub.uni-stuttgart.de
Reply-To: liblicense-l@lists.yale.edu
To: liblicense-l@lists.yale.edu,
lis-e-journals@jiscmail.ac.uk,erwerb-l@hbz-nrw.de

[Crossposted to liblicense-l, lis-e-journals, erwerb-l. Please excuse 
duplicate receipts.]

Dear all, 

Please find attached the answer submitted by Ms Rachel Goode from OUP to
my query about archival access to paid-for content from The EMBO
Journal.

I have asked NPG as the new publisher to answer the remaining questions
and offered to post their answer to the relevant listservs
(lis-e-journals, liblicense-l, and erwerb-l in Germany).

Bernd-Christoph K�mper, GASCO Nature Consortium

-------- Original Message --------
Subject: RE: EMBO Journal / Archival access to paid-for content
Date: Fri, 6 Feb 2004 07:44:05 -0000
From: "GOODE, Rachel" <rachel.goode@oupjournals.org>
To: "'kaemper@ub.uni-stuttgart.de'" <kaemper@ub.uni-stuttgart.de>
CC: "RICHARDSON, Martin" <martin.richardson@oupjournals.org>,"GEDYE,
Richard" <richard.gedye@oupjournals.org>,"ROGERS, James "
<james.rogers@oup.com>

Dear Dr Kaemper,

I have attached a response to your queries regarding archival access to
paid-for content from The EMBO Journal. I have not posted it directly
the the listservs, but please feel free to use this text in any 
response you wish to make to them.

If you have any further queries, by all means contact me directly again,

With regards,

Rachel Goode
Communications Manager
Journals Division
Oxford University Press

Response:

The transfer of a journal from one publisher to another is complex, and
it is recognised across the industry that during transition, much care
should be taken to ensure uninterrupted access to the journal content 
for subscribers. For this reason OUP support the guidelines produced by
ALPSP ('When a society journal changes publisher', 
www.alpsp.org/socjourn1.pdf).

The issue of archival access to paid-for content ('perpetual access') in
respect of The EMBO Journal was highlighted during the hand-over
discussions between OUP and NPG.

OUP cannot comment on the current rights license for The EMBO Journal
with NPG, but can clarify matters regarding the OUP rights license and 
our policies when handling the transfer of journals from one publisher 
to another.

OUP's general policy is to provide perpetual access to all institutional
subscribers whenever we have the rights to do so. This policy was in
place for The EMBO Journal during and before 2003, giving lapsed 
institutional subscribers online archival access to 'paid-for content'.

However we can only guarantee this for the time that we publish a
journal.  If that journal changes publisher, as did The EMBO Journal at 
the end of 2003, then our right to grant perpetual access to past 
subscribers is transferred to the new publisher.

When OUP acquires a new journal our policy is to use all reasonable
efforts to continue to provide perpetual access to material published
online by the previous publisher.

-------- Original Message --------
Subject: EMBO Journal / Archival access to paid-for content
Date: Sun, 01 Feb 2004 23:36:41 +0100
From: Bernd-Christoph Kaemper <kaemper@ub.uni-stuttgart.de>
To: Allison Lang <a.lang@nature.com>,Rachel Goode
<rachel.goode@oupjournals.org>,Frank Gannon
<frank.gannon@embo.org>,Bonnie Zavon <bzavon@stanford.edu>
CC: institutions@nature.com, jnl.info@oup.co.uk

To: Allison Lang, Publisher, EMBO Journal
    a.lang@nature.com
cc: NPG customer services, institutions@nature.com    

To: Rachel Goode, Communications Manager, Journals Division
    Oxford University Press, rachel.goode@oupjournals.org
cc: Oxford University Press, Journals Subscription Dpt.
    jnl.info@oupjournals.org

To: Bonnie Zavon, Library - Publisher Liaison, HighWire Press
    bzavon@stanford.edu

To: Prof. Frank Gannon, Executive Director, EMBO

Dear all, 

Until the end of 2003, while EMBO Journal was published by Oxford
University Press on behalf of EMBO, subscribers had "Archival access to
paid-for content", cf.

http://www3.oup.co.uk/access/instagmt.html

However, looking at the actual license agreement, we find that this
doesn't necessarily apply to a journal transferred to another publisher:

� 2.5 On expiry of the Subscription Period, the Licensee shall be
entitled to continue to exercise the non-exclusive rights granted 
herein (subject to the terms and conditions thereof) but only in 
respect of Material published for the first time during the 
Subscription Period. Nothing in this sub-clause requires the Licensor 
to continue to host the Material on its servers after the expiry of the 
Subscription Period or to make the Material available in any other form 
to the Licensee. The rights granted in this sub-clause will terminate 
immediately in respect to any Material which the Licensor ceases to 
have the right to publish.

Of course, this situation is very unsatisfactory for libraries that have
paid for volume 2003 and will now soon loose access if they cannot
afford to pay for a site license (as you know, many libraries now are 
asked to pay NPG two or three times as much than what they had to pay 
to OUP in 2003).

Would you please clarify whether this question has been discussed when
it was decided to transfer the EMBO Journal from OUP to NPG? This seems
especially important as the NPG site license does NOT include any 
permanent access rights to archival or paid-for content.

I would however expect (and I am sure the library community in general 
would do so) that the new publisher will grant the same archival rights 
for material published in 2003 that subscribers previously thought to 
acquire when they purchased the 2003 volume of the EMBO Journal.

As all back issues of the EMBO journal older than 12 months are freely 
accessible anyway, we only need to discuss the practical matter how to 
ensure that non-renewing former subscriber will not loose access to 
2003 issues when the current grace period for electronic access will end
(that is, after March 31, 2004).

In my view, it would not be necessary to establish access rights to
former subscribers on the NPG website. Rather, it would suffice to 
leave these access rights intact on the HighWire platform.

I would be grateful, if you could answer this request in a way so that
it can be posted to the relevant international listservs (lis-e-
journals, liblicense-l), or directly post a corresponding statement to 
these listservs.

Thank you very much in advance,
Bernd-Christoph Kaemper, GASCO Nature Consortium