RE: concepts of perpetuity

["Emery, Jill" <j.emery@austin.utexas.edu>]

It should be noted that Sage publications Inc purchased CQ Press 
in May 2008. At this time, no new license agreement for the CQ 
Press online content has been forthcoming from Sage Publications 
Inc and libraries who have CQ Press electronic subscriptions are 
operating under the understanding that their original licenses 
with CQ Press are still valid. In the press release about the 
buy-out that was distributed 30 May 2008, there is only mention 
that CQ Press will remain a separate division based in 
Washington, D.C. and all the employees in the senior management 
team would stay in place.

If we review the Project Transfer Code of Practice, section 7, 
"The Receiving Publisher will honour any perpetual access rights 
to previously published content which have been granted by the 
Transferring Publisher with the authority of the journal owner."

CQ press/Sage is upholding this tenet of the Project Transfer 
Code for 2008. Under the current license, the answer to Ann's 
question is no, the current contract prevails.

Since the memorandum received at this institution states that the 
perpetual access fees will be applied in the next calendar year, 
2009, libraries and librarians are left to wonder if this means 
new contracts are also being drafted by the new management of 
this content. At which point, we're all back at the negotiation 
table in regards to these fees.

Jill Emery
Head of Acquisitions
University of Texas Libraries
Austin, TX 78713
e: j.emery@austin.utexas.edu

-----Original Message-----
From: owner-liblicense-l@lists.yale.edu
On Behalf Of Macklin, Lisa Alsing
Sent: Thursday, August 28, 2008 9:24 PM
To: liblicense-l@lists.yale.edu
Subject: RE: concepts of perpetuity

Ann,

Does the contract include language that the terms cannot be 
changed unless in a writing signed by both parties (or something 
to that effect)?  If so, that would support your argument that we 
had an agreement and you cannot now change the terms of the 
agreement.

Lisa A. Macklin, J.D.
Coordinator, Intellectual Property Rights Office of
Emory University Libraries
Robert W. Woodruff Library
Atlanta, GA 30322-2870
Email and IM:  lisa.macklin@emory.edu