Date: Tue, 29 Oct 1996 15:37:56 -0600
From: Alfred Kraemer <akraemer@POST.ITS.MCW.EDU>
Subject: Restrictive license agreements for online journals

Over the last few months we have taken a closer look at online access
offers to journals for which we currently have a print subscription.
Many of these offers are for journals with medium to high use levels at
our college, and have therefore the potential for significant use as
online journals.

In the evaluation of license agreements for online journals we -and I'm
sure we are not the only ones- have noticed some severe limitations, some
ill-defined terminology, and impractical definitions of 'authorized
users'.

We feel that licenses about online access to a journal should grant the
library the same types of uses as the print copy(i.e. in short the
library's patrons should have library- and remote access, public patrons
have access in the library, interlibrary loan is permissible within
copyright).
Certainly, if the online version is intended to be considered an
alternative to the print it should be equivalent in the above usage types.

Case in point:

        The "Journal of Molecular Biology" published by Academic Press.

        The current license to the Journal of Molecular Biology Online
        contains the following statements:

1.      From Section 2. IP Address Registration
        (...) For the terms of this Agreement an institution is defined as
        a contiguous campus community and network, including lodgings and
        residences of faculty, staff or students or one contiguous
        commercial office complex. Multi-campus, multi-office or
        consortia use or the sharing of publications is NOT allowed. (...)

        While I understand the publisher's concern about the possible abuse
        of online subscriptions, the above definition of an "institution" is
        very ambivalent at best: If we would define our institution that way
        individuals with no affiliation to our institution would be
        included, while a portion of our affiliated -and currently served-
        users would be excluded.

2.      From Section 6. Usage Restrictions, Interlibrary Lending.
        (...) The online form the publications may not be used, directly
        or indirectly, by Subscribers and their Authorized Users for the
        purpose of making interlibrary loans.(...)

        So far I have not seen a license agreement that expressly permits
        interlibrary lending from a paid online subscription.
        I -and most of my colleagues- feel that this a substantial
        limitation with a potentially debilitating impact on interlibrary
        lending.

Many of the terms of online journal licensing agreements appear to be
'under development'. In one instance, I have to credit Academic Press
with responding to concerns from libraries: A fairly broad statement
about access by members of the public in the library was included in the
latest, revised license agreement, obviously after complaints
about the impracticality of excluding public patrons from access in the
library.

This suggests to me that this may be a good time to voice our concerns about
licensing agreements for online journals.

I wonder if any libraries have either voiced their concerns about some of
the above restrictions or have successfully amended license agreements.
(There is a persistent rumor about a library that simply crossed out some
 paragraphs containing unusual access restrictions before signing and
 returning the license agreement. Unconfirmed, of course)

I would appreciate information from libraries that have dealt with such
restrictive license agreements and their reasons for accepting or
rejecting the license terms.

                        Thank you.

                                Alfred B. Kraemer
                                Technical Services Librarian
                                Medical College of Wisconsin Libraries
                                8701 Watertown Plank Road
                                Milwaukee, WI 53226
                                (414) 456-4273
                                E-Mail: akraemer@post.its.mcw.edu