I don’t see that they ever offered perpetual access.

Presumably, if you cancelled, you’d lose everything.

But as long as you subscribed, you’d get all the content

they offered.

That’s how it was up to 2010. Once they began posting

a much longer run of archival content, naturally they

would set new terms and pricing for the new content.

But 1996-1999 was old content, so I argue that their

earlier terms should apply – in which they said “… when

you buy a subscription to JBJS Online, you have access

to all years of the database.”

(http://web.archive.org/web/20101025035314/http://www2.ejbjs.org/subscriptions/institutional-faq.dtl)

From: SERIALST: Serials in Libraries Discussion Forum [mailto:SERIALST@list.uvm.edu] On Behalf Of Rais, Shirley (LLU)
Sent: Friday, November 30, 2012 2:17 PM
To: SERIALST@LIST.UVM.EDU
Subject: Re: [SERIALST] Archive of J Bone & Joint Surg (Am) no longer free

To all the content on their site or for just those years for which they paid? For for some publishers a current subscription will get you access back to a certain date, but if you cancel, you only get perpetual access to the actual years for which you paid. In that example, if you enter a subscription in 2010 you might get access back to 1999 with your current subscription, but if you cancel in 2015 you would only get perpetual access to 2010 through 2014. That is a model I’ve run across.

Shirley Rais, MLS — Chair, Serials & Electronic Resources Dept.

Library Liaison to the School of Public Health
LOMA LINDA UNIVERSITY | University Libraries

11072 Anderson Street, Loma Linda, California 92350
office (909) 558-4583 · fax (909) 558-4919 · srais@llu.edu

From: SERIALST: Serials in Libraries Discussion Forum [mailto:SERIALST@list.uvm.edu] On Behalf Of Susan J Wishnetsky
Sent: Friday, November 30, 2012 11:58 AM
To: SERIALST@LIST.UVM.EDU
Subject: Re: [SERIALST] Archive of J Bone & Joint Surg (Am) no longer free

Perhaps not a guarantee that would hold up in court, but

their web site, as late as 2010, assured subscribers that,

even if they cancelled and then reinstated a subscription,

they would have access, as subscribers, to all content on

the site … which, at that time, was 1996 onward.

So that’s something, anyway. SW

From: SERIALST: Serials in Libraries Discussion Forum [mailto:SERIALST@list.uvm.edu] On Behalf Of Elizabeth Winter
Sent: Friday, November 30, 2012 12:32 PM
To: SERIALST@LIST.UVM.EDU
Subject: Re: [SERIALST] Archive of J Bone & Joint Surg (Am) no longer free

Hi, Susan--

Unfortunately, a new publisher has no legal obligation to honor the access rights granted by the previous publisher. They may have contractual obligations with the society that produces the journal that restricts this, or they may just have internal policies that prevail. The effect, of course, is very problematic for libraries.

Is JBJS actually switching publishers, or has the publisher (JBJS appears to be self-published, no?) just changed its policy? In the case of a publisher changing its own access policy, the prevailing terms would be whatever licenses they have with customers, so unless a publisher that changes its own policy in violation of its own existing license agreements, it is unfortunately free to do as it wishes. The question is, were you guaranteed that perpetual access in writing before?

This, as you note, doesn't necessarily engender goodwill from customers. The best thing to do, it seems, is for as many subscribers as possible to contact JBJS and voice their displeasure and ask to have the access they previously had been granted restored. This situation unfortunately has happened many times over the years with a variety of publishers who switch their business models to include a separate archive purchase.

We are JBJS subscribers as well and will certainly look into this and contact them if we find ourselves in your situation.

Good luck,
Elizabeth

P.S. Since you brought up the issue of publisher journal transfers, I'll mention this: The Transfer Working Group of UKSG (which I co-chair) has been working for several years on improving the process for when journals transfer from one publisher to another. We have a Code of Practice (version 2 is the current version, here. We are currently working on a version 3), to which publishers voluntarily sign on as "compliant," specifying that they will abide by the Code's recommendation when they transfer journals to and receive journals from other publishers. Librarians can sign up to receive email notification of journal transfers here. We also offer a database where you can search for previous and upcoming transfers that have been entered by Transfer-compliant publishers.

--
Elizabeth L. Winter
Electronic Resources Coordinator
Georgia Tech Library
Georgia Institute of Technology
email: elizabeth.winter@library.gatech.edu
phone: 404.385.0593
fax: 404.894.1723

From: "Susan J Wishnetsky" <pasiphae@NORTHWESTERN.EDU>
To: SERIALST@LIST.UVM.EDU
Sent: Friday, November 30, 2012 12:32:25 PM
Subject: [SERIALST] Archive of J Bone & Joint Surg (Am) no longer free

I’ve just received confirmation that, beginning in January,

the formerly free archive of Journal of Bone & Joint Surgery

(American ed.) will now require a one-time purchase.

What bothers me is that this archive is considered to include

the years 1889-1999. Until now, our paid access included the

years 1996 to the present; after this change, it’ll only be 2000

to the present. So four years we thought we’d already paid

for – 1996, 1997, 1998, & 1999 – are being taken away.

It’s happened before, but that doesn’t make it any righter!

Even if a title changes hands, moving to a different publisher,

doesn’t the new publisher have an obligation to honor the

agreements of the former publisher? SW

Susan Wishnetsky

Galter Health Sciences Library

Feinberg School of Medicine, Northwestern University

303 East Chicago Avenue

Chicago, Illinois 60611

Phone: 312-503-9351 | FAX 312-503-2678

E-mail: pasiphae@northwestern.edu

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