From: <[log in to unmask]>
Date: Wed, 17 Dec 2014 07:06:39 +0000

Ann,

I wonder if the question is more a legacy from the past when
everything was measured in terms of what was delivered - a hangover
from the print world and understandable in that print was the only
reference point when digital first arrived. In the print world, when
usage was devilish to measure accurately and much of the cost was
linked to manufacture and delivery, the value was understandably
linked to the volume of content supplied.

In today's digital world, I think we can do better. Surely the value
isn't in the volume of content delivered but in the volume of usage
(which is more valuable, 100 journals that are barely used over the
course of a year or one journal used by hundreds daily?).

I also think value lies in the combination of the volume of usage and
the non-content elements of the package offered (e.g. MARC records,
customer support etc). Now, if usage falls or the service element
deteriorates, then the value of the product is clearly lower and
there's an argument for a rebate. Framing agreements in this way would
'catch' the volume element too because if a publisher fails to deliver
enough articles, for whatever reason, presumably usage will fall and
thereby trigger a rebate clause.

But as you say, I don't think there's a 'right' answer for everyone's situation.

Toby Green
Head of Publishing
OECD


> On 17 Dec 2014, at 02:23, LIBLICENSE <[log in to unmask]> wrote:
>
> From: Ann Shumelda Okerson <[log in to unmask]>
> Date: Tue, 16 Dec 2014 20:15:48 -0500
>
> Dear liblicense-l readers.  Your listowner/moderator (me) has a
> question for you.  I would very much welcome the views of anyone on
> this list, whether publisher or librarian or someone in the scholarly
> communications chain.  There's no right answer; in fact, I'm not sure
> there is even an answer, but I was in a group that started discussing
> this matter and we felt caught short.  And we felt we should have a
> reasoned opinion, when we did not.  Please read on.
>
> Most many big deal journal packages contain language [such as that
> below] re. modification to "portions of the Licensed Materials."  The
> contracts say that if any of the changes make the materials less
> useful, the institutions may seek to terminate this agreement for
> breach.  And, there will likely be language of this sort: "If any such
> withdrawal renders the Licensed Materials less useful to Licensee or
> its Authorised Users, Licensor shall reimburse XX for the withdrawal
> in an amount proportional to the total Fees owed."
>
> My question is this:  if my library has a "big [or medium] deal,"
> let's pretend it's 300 or 500 or 1000 or 2000 titles, what is a
> reasonable expectation for the numbers or percentage of content that
> will leave the package before the library or consortium would either
> seek reimbursement (more likely) or total termination (less likely)?
>
> Do libraries (or consortia) review the big-deal lists each year to look
> for changes?  Every 3 years? If there were a loss of previous titles
> in the amount of 5%, would it be a concern? How about 10%?
>
> Of if not a percentage "bright line," then what would cause a review
> of the list and a concerned conversation with the big deal publisher?
> Would it be the loss of a couple of absolutely key titles?  the loss
> of a particular smaller publisher's journals list?  a disciplinary
> impact? a dollar impact?  If "it depends," what does it depend on?
>
> Do libraries care very much about what's actually in these large
> packages, or are we too busy to pay attention to their changes? What
> would it take to get libraries' attention?
>
> Thank you, Ann Okerson
>
>
> *******
>
> "Notification of Modifications of Licensed Materials. From time to
> time, Licensor may add, change, or modify portions of the Licensed
> Materials, or migrate the Licensed Materials to other formats. When
> such changes, modifications, or migrations occur, the Licensor shall
> give notice of any such changes to Authorized Institutions as soon as
> is practicable, but in no event less than thirty (30) days in advance
> of modification. If any of the changes, modifications, or migrations
> renders the Licensed Materials substantially less useful to the
> Authorized Institutions or its Authorized Users, the Authorized
> Institutions may seek to terminate this Agreement for breach pursuant
> to the termination provisions of this Agreement.