RE: concepts of perpetuity

["Nawin" <nawin.gupta@comcast.net>]

I agree with Sally that no publisher can make a promise of 
perpetual access to journals.  It is untenable in a business 
where journals often change publishers/ownership.  And how does 
one account for deferred liabilities associated with serving a 
"perpetual" term?  On the other hand, providing for 
post-cancellation access as long as the journal in question 
continues to be owned (or published) by the publisher making the 
offer, is something institutional subscribers should expect to 
receive as part of a subscription.  Although, in my view, it is a 
short-sighted practice, some publishers are asking for 
maintenance fees to manage and service post-cancellation access.

Nawin Gupta
nawin.gupta@comcast.net
www.nawingupta.com

-----Original Message-----
From: owner-liblicense-l@lists.yale.edu
[mailto:owner-liblicense-l@lists.yale.edu] On Behalf Of Sally Morris (Morris
Associates)
Sent: Monday, August 25, 2008 5:24 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