From: "Schwartz, Judy" <[log in to unmask]>:
Date: Tue, 21 Feb 2012 18:43:50 +0000

Andree - it seems that Wiley is flying in the face of their own definition,
to wit: " plus access via the Licensee's Secure Network"; since you run on
one Secure Network, I would beg to differ WITH Wiley that you have multiple
sites.

Judy Schwartz
Director of Library Services
Trocaire College


-----Original Message-----
From: Todd Puccio <[log in to unmask]>
Date: Mon, 20 Feb 2012 09:27:41 -0500

I object to the language "NO CANCELLATIONS".

Cancellations occur during (in the middle of) a subscription year.

The more correct term would be "AGREE to RENEW" each title for the
subscription year during the term of the License.

A NON-RENEWAL is _not_ the same as a CANCELLATION.

They like playing the language game to their advantage.

If this is a 3 year license then it should be "NO CANCELLATIONS" during any
of those years AND "AGREEMENT to RENEW" the same title subscriptions (or
equivalent value) each year during the term of the agreement.

The title swapping to maintain the current annual spend is very common.
 You could work it a bit to always swap titles in and out to lower you cost
by that 5% limit each year.  It'll take some doing, but you might lower
your 3yr cost by 15% and put you in a better place to start negotiations
for the next license term.

After the 3rd year the RENEWAL of each title is up for renegotiation.

Good luck


--
Todd Puccio
Director of Technical Services / Librarian
Nova Southeastern University
Ft. Lauderdale, FL 33328
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-----Original Message-----
From: Andree Rathemacher <[log in to unmask]>
Subject: Wiley bundling / non-cancellation?

Hi colleagues,

The University of Rhode Island subscribes to approximately 137 journals
from Wiley for a total cost of just over $212,000.

For years, we've had a single site license, because though URI has two
nearby satellite campuses, we have only one university and one library
administration, and most other publishers recognize that we are not
multiple locations, thus, I maintain that we are a single site.

Wiley has just decided that, per their license, we are in violation of
their definition of site*, and therefore have to upgrade to an Enhanced
license. Unfortunate.

However, and this is the nature of my question, the license agreement that
they want me to sign bundles our individual subscriptions (which we get
individually through EBSCO) into a custom package that they're calling a
"core collection," AND FROM WHICH THEY WILL ALLOW NO CANCELLATIONS IN THE
FUTURE.

This is the language:

*Electronic Journal Subscription Maintenance and Swapping: The Licensee may
swap subscribed online journals in the Core Collection without penalty
provided that such changes do not exceed 5% of the value of the total Core
Collection for any calendar year. These changes will be reflected in
amendments to this Appendix. Swapping will be accepted at the title level
or for duplicate subscriptions.
Swapping will only be accepted on a calendar year basis and Wiley must be
notified of any changes in writing no later than the preceding November
1st.*

Has anyone else encountered this? I find it appalling, to say the least.

*http://onlinelibrary.wiley.com/licenseAgreement

*Site* A single, geographically contiguous office building or complex or
campus location plus access via the Licensee's Secure Network, identified
by the Licensee's relevant Internet Protocol (IP) addresses, for Authorized
Users as defined below. Wiley may refuse to grant a license to an
institution claiming a range of IP addresses that, in Wiley's opinion,
represents more than one campus or office complex.

Comments, suggestions?

Thank you,

Andree Rathemacher
Professor / Head, Acquisitions
University Libraries, University of Rhode Island Kingston, RI  02881-2011
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