Re: concepts of perpetuity

["Ann Okerson" <ann.okerson@yale.edu>]

Warren, not a trick question at all, but one that very few are 
responding to on this list!  At YUL, we agree with you but were 
seeking others' input in case there was some aspect of contracts 
that we'd overlooked.

Ann Okerson

On 8/26/08, Warren Holder <warren.holder@utoronto.ca> wrote:
>
> 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