From: Danny Kingsley <[log in to unmask]>
Date: Tue, 26 Nov 2013 00:38:38 +0000

Hi Anne,

I preface my comment with the caveat that I am not a librarian, nor
have I ever been involved in the negotiation of licenses. But I have
been involved in open access for a fair time.

This type of conflation of what a library pays for in terms of
licensing to published content with what locally generated outputs a
university can (or not) place into the institutional repository, and
subsequent information about those deposits, is the beginning of a
very slippery slope. You are correct to be concerned about this
clause.

If this publisher has had this clause in all of those licenses to date
then perhaps it might be worth asking what compliance levels they have
enjoyed from the many amenable libraries and consortia? It might be
worth also asking for the names of a couple of the more compliant
libraries and/or consortia to allow you to consult with them on how
they have managed to overcome the issues that you perceive to exist
with compliance. I'm sure in this (apparent) new age of sharing and
openness your publisher would be more than happy to assist with that
information.

Danny

Dr Danny Kingsley
------------------------------------------
Executive Officer
Australian Open Access Support Group (AOASG)
Menzies Library, Building 2
The Australian National University
Canberra ACT 0200 Australia
E: [log in to unmask]
W: http://aoasg.org.au
T: @openaccess_oz


-----Original Message-----

From: Anne McKee <[log in to unmask]>
Date: Mon, 25 Nov 2013 14:48:53 -0700

Happy week of Thanksgiving!

I know this is a short week for many, but I've been negotiating with a
major publisher for over 2 months with their license.  We had a
conference call today about the remaining issues-one being the usage
statistics this publisher wants our members to send them for articles
that individual authors have added to their institution's IR.

"The Licensee will make reasonable efforts to provide XXXX annually
with statistics about the number of articles deposited each year by
Authorized Users (or the Library's library staff on their behalf)
under this provision, together with usage data about the number of
accesses to and downloads of such articles, consistent with applicable
privacy and confidentiality laws. "

This license also is insisting on a 12 month embargo and has COUNTER
compliance required

I have strenuously objected to this over and over saying this would be
an onerous (and almost impossible) compulsory mandate for our members.
 I've sent this out to our membership this am and I've already
received 7 responses saying that this would prove almost impossible to
do-particularly if they want the article level.

Said publisher has expressed surprise stating that ALL their licenses
have had this language for the past year and neither consortia nor
libraries have objected to this.

Anne E. McKee, M.L.S.
Program Officer for Resource Sharing
Greater Western Library Alliance (GWLA)
[log in to unmask]
www.GWLA.org