From: Karin Wikoff <[log in to unmask]> Date: Wed, 29 Mar 2017 11:25:42 +0000 I would definitely push back on that one. I'd do what you are doing -- ask other librarians. Should you strike it? Insist on a notification in advance of any changes? Definitely insist on a pro-rated refund of pre-paid subscription if you have to cancel. I got that one changed in a license (but don't ask me which one -- I can't recall now!) -- so it can be done. As for the situation with the selector -- I had to deal with that as well, for a much-desired e-book subscription with complicated and essentially unacceptable terms. I just told her we could not get the resource under the terms offered, and that we were working hard to try to come to an agreement with the vendor, but not to get hopes up. I explained exactly what the problem was, she was able to see and agree that it was unacceptable, and I just kept her up-to-date on where we were in the negotiations. Ironically, after many months of haggling (and very slow response times from the vendor), we finally reached agreement, but then I heard nothing more about the order. I persisted, and eventually was told that the management of that resource had been shifted to an entirely different unit where they didn't have licenses proper -- just some terms for individuals who downloaded a single copy for personal use. So I had to start all over again. I got no satisfaction on the specific issues, but, since there wasn't actually any license contrary to what we wanted, I finally relented and we ordered the item. But that one took more than 6 months to make available -- and that was all without having to deal with the legal department. My advice is to have a person-to-person talk with the selector, explain the policy, how the license does not meet the requirements of the policy, and how you will do your best to try to get acceptable terms from the vendor/publisher, but can make no promises. Good luck -- and let's see what other folks say! Karin -- Karin Wikoff Electronic and Technical Services Librarian Ithaca College Library 953 Danby Rd Ithaca, NY 14850 Phone: 1-607-274-1364 Fax: 1-607-274-1539 Email: [log in to unmask] -----Original Message----- From: LibLicense-L Discussion Forum [mailto:[log in to unmask]] On Behalf Of LIBLICENSE Sent: Tuesday, March 28, 2017 4:37 PM To: [log in to unmask] Subject: Question re unilateral license modifications From: Peter McCracken <[log in to unmask]> Date: Tue, 28 Mar 2017 19:34:49 +0000 Greetings – I am fairly new to electronic resources licensing, though not to the library world. In my role as electronic resources librarian at Cornell University, I’ve been reviewing, negotiating, and (hopefully) signing licenses for content requested by selectors. I have a philosophical problem with one license, and I’d like to request some feedback from this group as a whole. Our Music library would like to subscribe to the online version of Die Musik in Geschichte und Gegenwart (MGG) from NYC-based RILM. Their newest license agreement incorporates the MGG Online Terms, which include, in bold characters, the following notice: “We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to MGG Online and, by accessing or using MGG Online after changes are posted, you agree to those changes unless, in the case of material changes only, you choose to exercise your right below to terminate your access if the material changes are not acceptable. Material changes will be conspicuously posted on MGG Online.” I don’t understand why one would agree to a license that can be unilaterally changed at any time. Apparently, I would need to be regularly checking the MGG site if I wanted to learn about material changes and take the opportunity to not accept them. Not surprisingly, if I did notice and object to material changes, my notification of termination “will not entitle you to a refund of any prepaid fees.” This is not the first such clause I’ve seen, and in a previous license negotiation, I got a similar clause removed. I find this more than a bit frustrating – why are we signing a license in the first place, if you can just change it? Are other libraries agreeing to these terms? If this is the most current version of this license, then I guess so. But I don’t understand why. And within my institution, I’m trying to determine how I manage my relationship with the selector, if I say that we will not subscribe because we will not agree to the publisher’s terms. On the one hand, I fail in my job of acquiring the resources the selector has identified; on the other hand, I believe that I fail in my responsibility for protecting the institution’s interests. Perhaps I’m being unreasonable; RILM will probably not change terms in an onerous manner without notice. But why participate in such an unbalanced agreement? Thoughts and guidance are certainly welcomed. Peter McCracken Electronic Resources Librarian Cornell University [log in to unmask] (607) 255-1892