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RE: Developing impossible situation, Re: Authority to sign licenses
- To: "'firstname.lastname@example.org'" <email@example.com>
- Subject: RE: Developing impossible situation, Re: Authority to sign licenses
- From: Terry Cullen <firstname.lastname@example.org>
- Date: Tue, 2 Mar 1999 23:16:46 EST
- Reply-To: email@example.com
- Sender: firstname.lastname@example.org
You are correct. The issue, then, is how to find out that a publisher has offered more favorable terms in a subsequent license, so that you can take advantage of those terms. There's not much chance the publisher is going to let you know if they are giving new subscribers better terms than you got when you entered your subscription agreement. One solution might be to adopt a policy of selective review/renegotiation. If you're happy with the terms you got, it's probably not worth the time/cost to review terms annually, but if you have licenses that contain restrictive terms that are problematic for you, you might want to invest in attempts to renegotiate those on an annual basis. Terry Cullen Electronic Services Librarian Seattle University School of Law Library 950 Broadway Plaza, Tacoma, WA 98402-4470 Email: email@example.com Phone: 253-591-7092 FAX: 253-591-6313 On Monday, March 01, 1999 8:07 PM, Rick Anderson [SMTP:firstname.lastname@example.org] wrote: > > > I am curious to know whether libraries find publishers notify them of > > changes in licensing terms since the contract for a particular product > > was signed. > > It seems to me that once terms are agreed to and signed, that version of > the terms is the legally binding one. I wouldn't imagine that either > party can simply impose new terms unilaterally with any sort of > enforceable consequence. How true that is in any given case is limited by > the language in the termination clause, I guess -- if the license expires > a year after signing, then I suppose you have to negotiate again at that > point. But I can't imagine that the vendor has any legal right to simply > change the terms unilaterally, any more than the customer does. Am I > mistaken about this? > > ---------------------- > Rick Anderson > Head Acquisitions Librarian > Jackson Library > UNC Greensboro > 1000 Spring Garden St. > Greensboro, NC 27402-6175 > PH (336) 334-5281 > FX (336) 334-5399 > email@example.com > http://www.uncg.edu/~r_anders
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