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.