RE: site license negotiation

[Aline Soules <aline.soules@csueastbay.edu>]

In some ways, you shouldn't need the clause.  There should be a 
general clause somewhere near the end that says something about 
termination if there is a breach of contract.  Withdrawal of 
information for which you've agreed to pay could be considered a 
breach of contract in itself.  We, i.e. librarians, just haven't 
invoked it that way.  It would be an interesting test.

Aline Soules
Cal State East Bay
510-885-4596
aline.soules@csueastbay.edu

________________________________

From: owner-liblicense-l@lists.yale.edu on behalf of Amy Schuler
Sent: Thu 8/16/2007 2:54 PM
To: liblicense-l@lists.yale.edu
Subject: site license negotiation

Hello,

I have before me a site license from Publisher X for electronic 
full text access to selected scientific journals.  I am 
attempting to negotiate into the license an "out clause" where 
the license reads: "the licensor reserves the right to 
withdraw...content that it no longer retains the right to license 
or...is unlawful, harmful, false or infringing."  Here I would 
like to add:  "If the removal of content has a significant impact 
on the value of service to the Subscriber, Subscriber will have 
the right to terminate this agreement by providing 30 (thirty) 
days written notice to the Licensor.  No cancellation penalties 
will apply."  In the existing license, there is an option for 
substituting or refunding for withdrawn subscribed titles. Also, 
the existing license specifies the beginning date of the complete 
subscribed collection.

I am not getting anywhere with the publisher on the inclusion of 
the "out clause."  I have spoken only with the sales associate, 
and she has only pointed out other related sections of the 
license (the ones mentioned above).  Still, I am concerned - 
rightly so, in my experience - about the removal of content.

Any tips?  Should I try to make contact with someone else in the 
publisher hierarchy?  Unfortunately I am negotiating on my own - 
not within the helpful framework of a consortium.  The publishers 
are frustrating; unwilling to throw us the littlest bone that 
would not affect their profit but would certainly make a 
difference for us libraries and, more importantly, the missions 
we uphold.

Thank you!

Amy C. Schuler
Manager of Information Services
Institute of Ecosystem Studies
<mailto:schulera@ecostudies.org>