RE: renegotiating licenses

["John Cox" <John.E.Cox@btinternet.com>]

Matthew,

I think that your interest is misplaced.  Whether or not an 
author can post his/her article to his/her institution's 
repository or personal website is a matter dealt with in the 
Author Agreement between the journal publisher and the author. 
This takes place a considerable time before the article is 
published and becomes the subject of a license between the 
publisher and the library.  Moreover, the library or library 
consortium is not a party to the author agreement. 
Consequently, it does not seem to be appropriate to negotiate a 
term of the library's license agreement over rights and practices 
that precede publication in respect of the published product.

There is a variety of practice in this area. In September ALPSP 
will be publishing a report based on a survey that has just been 
completed by Frontline Global Marketing Services on scholarly 
publishing practice, in which the issue of authors' rights is 
exhaustively examined.  In practice, most publishers do allow 
authors to post their articles accepted for publication to 
institutional repositories and personal web sites.

Campaigning to persuade those publishers who do not currently 
allow authors to post their articles in this way is, of course, a 
perfectly proper issue to pursue.  But inserting an ex post facto 
term into a license is simply ineffective, as the library has no 
locus standi.

John Cox

Managing Director
John Cox Associates Ltd
Rookwood, Bradden
TOWCESTER, Northants NN12 8ED
United Kingdom
E-mail: John.E.Cox@btinternet.com
Web: www.johncoxassociates.com


-----Original Message-----
[mailto:owner-liblicense-l@lists.yale.edu] On Behalf Of Matthew Person
Sent: 15 July 2008 02:06
To: liblicense-l@lists.yale.edu
Subject: renegotiating licenses

Subject:  Renegotiating licenses for serials to allow author 
posting and depositing in institutional repository and personal 
website of published version upon initial journal publication.

I am looking for comments from anyone who is interested in this 
subject or has experience in trying to make the above goal a 
reality in their negotiated serials licenses.

Thanks,

Matthew Person
Technical Services Coordinator
MBLWHOI Library
Woods Hole, MA 02543