Re: concepts of perpetuity

[Warren Holder <warren.holder@utoronto.ca>]

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