Re: concepts of perpetuity

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

The institution cannot claim ownership on the platform which the 
content is provided (or anything related to the resource for that 
matter) - however, in the same way institutions pay for a 
subscription in print, and can keep them ad infinitum on a shelf, 
the same clause should be applicable in the licensing of an 
electronic resource (so long as the institution adheres to other 
applicable agreed upon reasonable clauses AND Copyright Law). 
Depending on how the institution negotiates their 
licensing/contracts, the publisher shall be obliged to provide 
any one of the following:

Access on the publisher's server
Access via CDs
Access via a document management system at the licensees location
etc.

Address how?  I'm not sure what you mean by details - it should 
be a reasonable agreement that the publisher/provider/licensor 
enables perpetual access to the licensee of the content that the 
institution has paid for.  Much in the same way that we have paid 
for print subscriptions and decided to cancel.  We don't give the 
literal print journals back - we keep them on the shelf.  In the 
same way, the action needs to be built into language in the 
agreement such that the institution/licensee does not lose total 
access but is allowed to maintain access to paid for licensed 
materials.

There might be references to clauses that might discuss in great 
details what access (re:  above) the institution may have in the 
event of cancellation, if there's a maintenance fee (aka one time 
fee for perpetuity) for keeping content on the publishers' 
servers, etc.  An understanding of how the publisher functions 
and provides its resources / content is key - then you go from 
there.

I hope this helps, I know this is overly simplified, it's brief.  :)

Nic

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
http://del.icio.us/ncecchino/
HARRELL WEB:  http://www.hmc.psu.edu/library/



Bill Cohen wrote:

> 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]