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.