Perpetual Access in Licenses

["Mcsean, Tony (ELS)" <T.Mcsean@elsevier.com>]

Houeida Charara posted today asking for how perpetual access to 
subscribed content is allowed for in the contracts for e-journal 
services. The relevant section from our standard ScienceDirect 
academic contract is quoted below. These terms apply to titles 
which are subscribed to, and there are limitations and 
extensions:

Extensions: we have made, and are continuing to make, 
arrangements to ensure that perpetual access is more broadly 
based than just the ScienceDirect service. Apart from our own 
very comprehensive internal service-continuity precautions there 
is the deposition of the whole database with the KB eDepot 
archive, plus participation in the Portico and CLOCKKS programmes 
.Limitations: Some catgories of SD subscription (notably Web 
Editions) do not provide perpetual access to non-subscribed 
titles, and this is made clear in the agreement. We cannot 
guarantee perpetual access to titles we publish for others but do 
not ourselves own. If titles move to another publisher we make 
our best efforts to ensure continuity of access, but are not in a 
position to guarantee this in perpetuity.

Excerpt from licence text:

Formerly Subscribed Titles:

Upon termination of the Subscriber's license to ScienceDirect 
online, the Subscriber may, at its option, (1) acquire, load and 
technically format on a server that enables access and use by 
Authorized Users through the Subscriber's internal secure network 
an electronic copy of all or part of its Subscribed Titles for 
the publication years paid (i.e., not for titles or years that 
are added to the Subscriber's entitlement solely through the 
Subject Collection(s), as identified on Annex B, provided that 
the Subscriber defrays the costs of preparing the data set 
sought, and/or (2) continue to access a such Subscribed Titles 
online for an annual access fee based on the number of full-text 
articles downloaded from such titles during the prior twelve (12) 
months at a rate of ___ per download (adjusted annually for 
inflation and cost increases), in accordance with the usage 
provisions of the Agreement, which provisions shall survive the 
termination of the Agreement.......If a particular Subscribed 
Title is withdrawn by the Licensor or not renewed by the 
Subscriber, but the Subscriber remains a ScienceDirect online 
subscriber, the Subscriber may continue to access online, at no 
additional charge, such formerly Subscribed Title, provided that 
the Licensor continues to hold the electronic rights to the 
Subscribed Title.

The full text of the licence can be found at: 
<http://www.info.sciencedirect.com/licensing/samplelicense/sample_license_ac 
ademic.pdf> Some option detail omitted from the above for the 
sake of clarity.

Tony

Tony McSean
Director of Library Relations
Elsevier
84 Theobald's Road
London WC1X 8RR