From: Karin Wikoff <[log in to unmask]>
Date: Wed, 29 Mar 2017 11:25:42 +0000

I would definitely push back on that one.  I'd do what you are doing
-- ask other librarians.  Should you strike it?  Insist on a
notification in advance of any changes?  Definitely insist on a
pro-rated refund of pre-paid subscription if you have to cancel.  I
got that one changed in a license (but don't ask me which one -- I
can't recall now!) -- so it can be done.

As for the situation with the selector -- I had to deal with that as
well, for a much-desired e-book subscription with complicated and
essentially unacceptable terms.  I just told her we could not get the
resource under the terms offered, and that we were working hard to try
to come to an agreement with the vendor, but not to get hopes up.  I
explained exactly what the problem was, she was able to see and agree
that it was unacceptable, and I just kept her up-to-date on where we
were in the negotiations.  Ironically, after many months of haggling
(and very slow response times from the vendor), we finally reached
agreement, but then I heard nothing more about the order.  I
persisted, and eventually was told that the management of that
resource had been shifted to an entirely different unit where they
didn't have licenses proper -- just some terms for individuals who
downloaded a single copy for personal use.  So I had to start all over
again.  I got no satisfaction on the specific issues, but, since there
wasn't actually any license contrary to what we wanted, I finally
relented and we ordered the item.  But that one took more than 6
months to make available -- and that was all without having to deal
with the legal department.

My advice is to have a person-to-person talk with the selector,
explain the policy, how the license does not meet the requirements of
the policy, and how you will do your best to try to get acceptable
terms from the vendor/publisher, but can make no promises.  Good luck
-- and let's see what other folks say!

Karin

--
Karin Wikoff
Electronic and Technical Services Librarian
Ithaca College Library
953 Danby Rd
Ithaca, NY 14850

Phone: 1-607-274-1364
Fax: 1-607-274-1539
Email: [log in to unmask]


-----Original Message-----
From: LibLicense-L Discussion Forum
[mailto:[log in to unmask]] On Behalf Of LIBLICENSE
Sent: Tuesday, March 28, 2017 4:37 PM
To: [log in to unmask]
Subject: Question re unilateral license modifications

From: Peter McCracken <[log in to unmask]>
Date: Tue, 28 Mar 2017 19:34:49 +0000

Greetings –

I am fairly new to electronic resources licensing, though not to the
library world. In my role as electronic resources librarian at Cornell
University, I’ve been reviewing, negotiating, and (hopefully) signing
licenses for content requested by selectors. I have a philosophical
problem with one license, and I’d like to request some feedback from
this group as a whole.

Our Music library would like to subscribe to the online version of Die
Musik in Geschichte und Gegenwart (MGG) from NYC-based RILM. Their
newest license agreement incorporates the MGG Online Terms, which
include, in bold characters, the following notice:

“We reserve the right to modify these Terms at any time. All changes
will be effective immediately upon posting to MGG Online and, by
accessing or using MGG Online after changes are posted, you agree to
those changes unless, in the case of material changes only, you choose
to exercise your right below to terminate your access if the material
changes are not acceptable. Material changes will be conspicuously
posted on MGG Online.”

I don’t understand why one would agree to a license that can be
unilaterally changed at any time. Apparently, I would need to be
regularly checking the MGG site if I wanted to learn about material
changes and take the opportunity to not accept them. Not surprisingly,
if I did notice and object to material changes, my notification of
termination “will not entitle you to a refund of any prepaid fees.”

This is not the first such clause I’ve seen, and in a previous license
negotiation, I got a similar clause removed. I find this more than a
bit frustrating – why are we signing a license in the first place, if
you can just change it?

Are other libraries agreeing to these terms? If this is the most
current version of this license, then I guess so. But I don’t
understand why.

And within my institution, I’m trying to determine how I manage my
relationship with the selector, if I say that we will not subscribe
because we will not agree to the publisher’s terms. On the one hand, I
fail in my job of acquiring the resources the selector has identified;
on the other hand, I believe that I fail in my responsibility for
protecting the institution’s interests. Perhaps I’m being
unreasonable; RILM will probably not change terms in an onerous manner
without notice. But why participate in such an unbalanced agreement?

Thoughts and guidance are certainly welcomed.

Peter McCracken
Electronic Resources Librarian
Cornell University
[log in to unmask]
(607) 255-1892