From: Chris Bulock <[log in to unmask]>
Date: Wed, 2 Oct 2013 09:55:56 -0500

Hello Michele,

I might say that there is too much variation in perpetual access clauses to
declare an "industry standard." I've read through the perpetual access
clauses in all of our licenses, and it seems no two are alike.  A provision
like the one you mention is fairly common in our agreements though. Most
vendors are (understandably) hesitant to agree to provide a service in
perpetuity without sometime of optional exit. Aside from providing a copy or
providing access through a third party (as was offered in your agreement),
I've also seen agreements that state they could charge a fee (sometimes
specified, sometimes not) for access after a certain number of years.

Chris Bulock
Electronic Resources Librarian
Southern Illinois University Edwardsville
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-----Original Message-----

From: "Shipley, Michele" <[log in to unmask]>
Date: Mon, 30 Sep 2013 16:10:50 -0400

I have a question about what other libraries consider to be acceptable
language in a license agreement covering perpetual access to electronic
journal backfiles purchased by the library. Miner Library recently purchased
electronic backfiles for several important journals from a major vendor.
This was a one-time purchase; Miner now "owns"
the backfiles. However the license agreement for the backfiles states that
the vendor may decide to stop providing access to the backfiles with a 30
day notice. In the event the vendor stops providing access to the backfiles
they will provide an electronic copy to Miner or, if they choose, make the
backfiles available through Portico or CLOCKSS.
We are being told that this is the industry standard.

Has anyone else run into language like this and been able to negotiate a
better guarantee of perpetual access? Is this language really the industry
standard?

Thanks for your help. Michele

Michele Shipley, MLS
Assistant Director of Digital & Branch Libraries Edward G. Miner Library
University of Rochester Medical Center Rochester, NY 14642
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