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Re: Perpetual Access

Bede Ireland wrote:

>Do I understand this correctly. Once the library has paid a licence fee
>for (say) one years subscription to a given data set/publication and has
>enjoyed the benefit of that agreement for the period, then to continue to
>make use of that data set/publication beyond the term of the agreement
>(implied by the statement)  "to retain the data" appears to be a bit iffy.
>Answer this one; if the library retains the data, why? And as soon as
>someone makes use of that data (outside of the period of licence) will the
>library automatically renew its licence agreement? Does Salie imply not?
>Is it like, buying a bus ticket to ride and then keeping the bus, just in

I think it's a bit more like subscribing to a print journal, cancelling the
subscription, and then keeping the issues already received. Certainly the
norm for print materials, so why should electronic materials be different?
(That's a rhetorical question, but one which I would be willing to explore
if others are interested.)

As for why a library would retain the data, the reasons should be the same
as they are for retaining print materials. If someone were to make use of
the data outside the period, or scope, of the license, one of two things
would happen:

If the library HAS NOT obtained rights to use the data beyond the period of
the subscription: the library may be guilty of violating the terms of the
contract. Legal action could ensue.

If the library HAS obtained rights to use the data beyond the period of the
subscription: the library is within its rights under the terms of the
contract. There is no cause for legal action, and there is certainly no
reason to believe that this action would trigger an automatic renewal of
the license agreement, unless some mechanism for such renewal were written
into the original license agreement.

I wonder if anyone has yet, or will in the future, do a cost/benefit
analysis of retaining the data from electronic subscriptions. Such an
analysis may be helpful in future licensing negotiations.

Greg S. MacGowan
Internet Publications Division
University of Cincinnati College of Law Library
Cincinnati, OH  45221-0142

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