From: Ann Shumelda Okerson <[log in to unmask]>
Date: Fri, 21 Nov 2014 09:13:55 -0500

John, I don't know about a "legal definition."  In a contract,
perpetual access would be however the two parties have defined it
between themselves.

The Liblicense vocabulary section offers this definition of
perpetual license (written by our lawyer at that time, but
that doesn't make it "legal"):

"Perpetual License: The continuing right to access digital information
after the termination of a license agreement. Also, a license with no
termination."

Cheers, Ann Okerson



On Wed, Nov 19, 2014 at 8:27 PM, LIBLICENSE <[log in to unmask]> wrote:
> From: "Wagstaff, D John" <[log in to unmask]>
> Date: Wed, 19 Nov 2014 01:07:33 +0000
>
> Hello everyone:
> I'm new to this list, so please excuse a simple question: is there a
> legal definition of "perpetual access" that might provide useful
> guidance in cases like this regarding what we should/should not expect
> when a content provider goes into bankruptcy or cannot continue to
> fulfill contract terms for other reasons?
>
>
> John Wagstaff
> Head, Music & Performing Arts Library
> University of Illinois at Urbana-Champaign
> School of Music
> Urbana IL61801
> e-mail: [log in to unmask]
>
> ________________________________________
>
> From: Audrey McCulloch <[log in to unmask]>
> Date: Tue, 18 Nov 2014 09:27:31 +0000
>
> Dear colleagues,
>
> ALPSP is working to ensure that subscribers continue to have access to
> the content they subscribed to via the ALPSP Learned Journals
> Collection (ALJC).  I have been in touch with Monica and ALPSP is
> currently asking the publishers involved to contact CRKN to ensure
> that appropriate access is continued.
>
> If you are a current or past subscriber to content in the ALJC and
> have concerns around continuing access, please visit the ALJC webpage
> (http://www.alpsp.org/Ebusiness/MemberBenefits/ALPSPLearnedJournalCollection.aspx),
> where you can find details of the most appropriate person to assist
> you with your query.
>
> ALPSP is working to appoint an alternative agent to manage the ALJC
> and we will be in touch with all those who have asked for 2015 pricing
> as soon as possible.
>
> With thanks and best wishes,
> Audrey
>
>
> Dr Audrey McCulloch
> Chief Executive, ALPSP
> E: [log in to unmask]
> W: alpsp.org
>
>
> -----Original Message-----
>
> From: Monica Ward <[log in to unmask]>
> Date: Thu, Nov 13, 2014 at 4:38 PM
>
> Hello colleagues,
>
> In light of the Swets bankruptcy, I’m wondering if any other libraries
> or consortia had an agreement with Swets that included perpetual
> access rights. CRKN had an agreement for the ALPSP Learned Journals
> Collection (ALJC) from 2008-2013, and this agreement included
> perpetual access. We ended our agreement with Swets prior to the
> bankruptcy, but we are now wondering how best to approach maintaining
> access to the content to which our members have perpetual rights. It
> seems that once the Swetswise platform is shut down, the only place to
> access this content will be directly on each publisher’s platform. Our
> plan is to contact the publishers involved to see if they are willing
> to provide access to the content from our 2008-2013 contract on their
> platforms (perhaps even free of charge?).
>
> This may or may not be feasible, and with 50 publishers involved, we
> will have to target our efforts on the publishers with the most titles
> and the highest usage.
>
> As we begin this work, I wanted to see if any others are in a similar
> situation and if you’ve had any success getting access directly
> through the publishers.  If you are in the same situation and would
> like to co-ordinate efforts, please let me know.
>
> All the best,
>
> Monica
>
> Monica Ward, MLIS
> Senior Content & Licensing Officer/Agente principale du contenu et des
> licences Canadian Research Knowledge Network