| November 30, 2004 (update, changes
in BOLD) |
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- RIGHT TO COLLECTIONS MANAGEMENT. NERL members need the flexibility
to manage collections and individual holdings within a package offering.
Specifically, it should be possible to cancel individual subscriptions
and/or shift to e-only over a period of time with a graduated
series of price adjustments. Rather than a blanket rule that any attrition
causes large increases in all remaining subscriptions, different levels
of attrition should result in proportionate fee increases while still
allowing the subscribing institution to reduce its overall expenditure
level. Members may need to select somewhat different plans while still
being accepted as participants in the overall agreement, and should
be able to change plans in any year of a multi-year agreement.
- NO TAKE-BACKS. Subscribers need assurance that key elements
of a contract can be expected to remain available in future offerings.
Examples of such features include (but are not limited to) access
to non-subscribed content, the waiver of fees for certain categories
of holdings, and grants of perpetual rights.
- PRICE CONTROL. Cost containment is a pressing need for NERL
members. In order for our libraries to weather recurring budgetary
fluctuations with as few cancellations as possible, price increases
should be kept to a minimum. Unless extraordinary cost factors
can be demonstrated, price increases should be pegged to an inflation
measurement tool, such as the Consumer
Price Index or the GDP
Inflator. A Multi-year license should also include an early termination
clause that can be exercised by a consortium member if its materials
budget cannot sustain the required level of increase. In addition,
we urge publishers of titles that are priced significantly higher
than similar publications in the marketplace to seek especially to
moderate, and where possible lower, those prices to more competitive
and affordable levels.
- SERVICE. Subscribers should be able to rely on uninterrupted
access to licensed materials, with the exception of announced downtime
for service or update purposes. Such service interruptions should
be minimal and announced in advance. Each NERL member library should
be assigned a designated publisher service representative who will
respond to all inquiries from designated NERL contacts in a timely
way. If the service inquiry involves the loss of access to the material
or portions of the material, a pro-rated reimbursement to the subscribing
institution should be made. Publishers should also be able to provide
accurate subscription reports for license verification purposes and
accurate and timely usage and invoice information.
- USE OF AGENTS. NERL member libraries may elect to use subscription
agents or vendors to manage their print subscriptions. NERL member
libraries may also elect to manage their digital subscriptions with
an agent or vendor. The agent or vendor may provide any of the following
services: claiming, payment, cancellation, new orders, IP address
registration, and management reports.
- PERPETUAL ACCESS/ARCHIVAL RIGHTS. All licenses for electronic
journals should include perpetual and archival rights for subscribed
years of content in the same format and access method with which the
publisher provides current content. Additional perpetual rights may
also be negotiated. Any grant of perpetual rights included in a contract
must be guaranteed to be permanent without regard to contingencies
such as mergers and acquisitions, insolvency, or transfers of ownership
to another publisher.
- USAGE RIGHTS. Electronic journal licenses should afford
broad usage rights for teaching and research and customary library
activities such as interlibrary loan. NERL members must be free to
use the licensed content to fulfill these institutional responsibilities
in the most expeditious way available. A license should permit the
inclusion of articles in print and electronic reserve systems and
in online courseware applications, including the right to download
articles for use within such systems. Ad hoc scholarly sharing, use
in printed coursepacks, and interlibrary lending according to existing
ILL guidelines should all be permitted.
- CROSS-ACCESS to titles owned by other NERL libraries should
be an option available to any participating member for a nominal fee.
- ALL OF NERL. Any arrangement we make should be open to any
NERL library and should provide better financial and/or
access terms as a consortium than members could obtain individually.
Cross-access to titles owned by other NERL libraries is an example
of better access terms. New members should be able to join existing
NERL arrangements. During negotiations, NERL will speak with one
voice. Publishers are asked not to negotiate separately with
NERL libraries during the period of consortial negotiation.
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