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
Health Professions Division Library
Ft. Lauderdale, FL 33328
[log in to unmask]


-----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
[log in to unmask]