Archival Rights, Perpetual & Post Cancellation Access A Knowledge Exchange view Wilma Mossink/Nol Verhagen ICOLC Paris 2009

26 October Knowledge Exchange Workshop on sustainable access in October 2009 Aimed at identifying relevant issues and possible role of Knowledge Exchange Presentations touching upon –legal depot as a help in achieving sustainable access –views on responsibilities long term archiving and paying the bill –ideas for business models –preferred solutions (Portico/LOCKSS/CLOCKSS) –wording of provisions in licences

26 October Definitions Long term preservation –how to preserve (digital) information in good shape in original format Long term access –how to get access to preserved information in the (far away) future Archival right/Perpetual access –the contractual right to access content in perpetuity Post cancellation access –the delivery of access to content that once was subscribed to, which subscription has been terminated by the subscriber

26 October Problems Is long term preservation satisfactorily taken care of? –YES (??) Do libraries know sufficiently well which archival rights they have? –NO Do publishers know what archival rights they have granted? –PROBABLY NOT Is it sufficiently clear how, by whom and for what costs post cancellation access will be delivered? –NO Is long term access sufficiently guaranteed, and if so, by whom? –NO

26 October Some observations Raising awareness is still necessary activity Money matters –library budgets cannot sustain long term preservation –central (inter)national funding may help but analysis of business models is needed Align with work being done elsewhere –PARSE-insight –PECAN –JISC report/DFG report Work on agreed vocabulary & use this as basis for post cancellation provisions Aim at more than one solution but don’t let current solutions limit thinking Explore organisation responsibilities regional/(inter)national

26 October Evaluation workshop Typical ‘early stage’ workshop outcomes Worthwhile to take issue up –lack of strategy Workshop helped to increase understanding but real questions aren’t answered yet Post cancellation and primary hosting unsolved issues

26 October Planned actions Country report study with overview of activities within Knowledge Exchange partner countries in alignment report Dutch national library First step towards a shared and agreed vocabulary starting with writing model clauses on post cancellation Co-operation with PECAN project Availibility of all content after certain period –Dutch national library working group takes this topic further –discussions with Elsevier

26 October Availibility after certain period A Workable Solution –all administrative and juridical problems can be overcome –publishers make all digitally born content (so almost all e- journals from about 1998 onwards) freely available after certain period –on their own platform, but preferably (also) on third party platforms such as Portico, KB and other trustworthy safe places.

26 October Argumentation Most libraries around the world have archival rights to their core content for the years from the start of e-journal publishing. They may use some of the other sources as well, but probably not heavily By using publisher’s and third parties’ platforms usage can be restricted to ‘authorized users’ All parties involved can save on administration and procedures. Negotiations become simpler, because detailed arrangements for archival rights aren’t necessary any more The position of the safe places will enormously enforced, if they can deliver a real service instead of only being there for emergencies. Libraries can save on shelving and transition & e-only will be encouraged Publishers probably will not miss much revenues

26 October And finally: IT IS FAIR!!!! Academia has produced the knowledge, publishers have added value, they have had a fair term to earn an appropriate return on their investment, and may now return the content to academia again ….