Questions on Archive License Language

["Elizabeth R Lorbeer" <lorbeer@uab.edu>]

Dear Liblicense-l List:

I am negotiating archival rights for perpetual access to a 
journal back file.  I realize the language in the agreement is 
based on current practices, but I'd like to revise some terms so 
the agreement is "theoretically" timeless rather than 
restrictive.  Does anyone have any suggestions for the following 
situations below?

1.) A review of licensing terms every x number of years to update 
current practices of dissemination or authorized users?  Is there 
a suggestion for a review period, like every 3, 5, 8 or 10 years? 
(Especially for document delivery, fair use and maintenance 
fees). Provide future rights to the Licensee to negotiate better 
terms with the Licensor.

2.) What about file upgrades to digitized content?  Such as the 
Licensor making all necessary file upgrades to make content 
retrievable on newer editions of software.

3.) Has anyone struck out language that archival material is 
provided on CD-ROM if the Licensor ceased to exist?  Have you 
replaced it with permission to add archival content to the 
institution's dark archive (i.e. LOCKSS or Portico) instead?

Has language for the Licensor to reassign an archival agreement 
without consent to another party been struck out?

Have you signed agreements where future maintenance fees *might* 
be assessed.  How is that fee negotiated?  What is considered 
"reasonable"?

Thanks for your assistance.

Liz Lorbeer
Associate Director for Content Management
Assistant Professor
Lister Hill Library of the Health Sciences
205.934.2460
lorbeer@uab.edu