NEWSLETTER ON SERIALS PRICING ISSUES

NO 126 -- November 17, 1994

Editor: Marcia Tuttle

ISSN: 1046-3410


CONTENTS

126.1 CORRECTION TO PREVIOUS ARTICLE, Marcia Tuttle

126.2 RESPONSE TO LICENSE WAIVER ARTICLE, Peter Graham and Mary Jo Barnello

126.3 FINDING CURRENT INFORMATION ON THE PUBLISHING INDUSTRY, Luke Swindler

126.4 VIRGINIA TECH EXPERIENCE, Paul Metz

126.5 COPYRIGHT ROYALTY INCREASE, Tom Lindsey


126.1 CORRECTION TO PREVIOUS ARTICLE

Marcia Tuttle, University of North Carolina at Chapel Hill, tuttle@gibbs.oit.unc.edu.


I inadvertently sent out the previous issue without incorporating an update 

by Christie Degener in her part of the article about the Gordon & Breach 

photocopy license waiver. My apologies to all. It seems best to insert here 

Christie's part as it should have been. Please see issue 125 for the entire 

article.



-----



>From Christie Degener:



When I recently cataloged a Harwood journal (_Receptors & Channels_), I 

noticed the odd "License to photocopy" statement on the inside back cover 

of v. 1, no. 1 (May 1993) and v. 2, no. 1 (May 1994). I checked the other 

Harwood and Gordon & Breach titles we currently receive, and found the same 

statement on three other G&B titles: _The International Journal of Environ-

mental Studies. Section A, Environmental Studies_ v. 45, no. 3/4 (Apr. 

1994); _Ecology of Food and Nutrition_ v. 31, no. 3-4 (Mar. 1994); and 

_Connective Tissue Research_ v. 30, no. 3 (Mar. 1994). As far as I can 

tell, the statement contradicts the other info you have received from Gor-

don & Breach. The following is from the aforementioned 1994 issues of these 

journals and includes their use of quotes around the words fair use:



"LICENSE TO PHOTOCOPY. This publication and each of the articles contained 

herein are protected by copyright. The subscription rate for academic and 

corporate subscribers includes the Publisher's licensing fee which allows 

the subscriber photocopy privileges beyond the 'fair use' provision of most 

copyright laws. Please note, however, that the license does not extend to 

other kinds of copying such as copying for general distribution, for adver- 

tising or promotion purposes, for creating new collective works, for re- 

sale, or as agent, either express or implied, of another individual or 

company. A subscriber may apply to the Publisher for a waiver of the li- 

cense fee. For licensing information, please write to ...." 



Interestingly enough, 4 other Harwood and 2 other G&B titles that we cur- 

rently receive have a "Photocopy Licence" statement that is quite different 

from the one quoted above. (Also, this "Photocopy License" statement now 

substitutes for the one quoted above in later issues of _Receptors & Chan-

nels_, _Ecology of Food and Nutrition_, and _Connective Tissue Research_.) 

Specifically, it lacks the language that allows copying beyond fair use and 

there is no mention of the option to waive the license fee. Here's this 

statement, from the most recent 1994 issues: 



"PHOTOCOPY LICENCE. This publication and each of the articles contained 

herein are protected by copyright. The subscription price (other than for 

subscribers who are individuals) includes a fee for a Photocopy Licence 

which permits multiple photocopying of single articles for the internal 

study or research purposes of the subscriber. The Photocopy Licence is not 

available to individuals. The Photocopy Licence does not permit copying for 

any other purpose, such as copying for distribution to any third party 

(whether by sale, loan, gift or otherwise); as agent (express or implied) 

of any third party; for purposes of advertising or promotion; or to create 

collective or derivative works. All requests for permission to copy beyond 

the scope of the Photocopy Licence must be made to the Publisher. No copy- 

right licencing organization in any territory has authority to grant such 

permission on the Publisher's behalf. Any unauthorized reproduction, trans- 

mission or storage may result in civil or criminal liability."



Since none of the titles examined stated the amount of the fee in the is- 

sues, I checked G&B catalogs to see if the fee was mentioned in them.  I 

found one paragraph about it in the 1993 Journals Price List: Annual sub- 

scription rates for university, medical, and corporate libraries. I 

couldn't find the 1994 equivalent (if it exists) and I wonder if this 

statement is still in effect. On the last page, the following paragraph 

appears, including their use of capitalization:



"LICENSE TO PHOTOCOPY. Library subscription rates listed herein include a 

license to photocopy beyond the FAIR USE provisions of the USA and most 

other national copyright laws. This license does not extend to other kinds 

of copying, such as copying for general distribution, for advertising or 

promotional purposes, for creating new collective works, or for resale. 

University and hospital libraries wishing to have this license waived with- 

out signing the publisher's waiver form should self-deduct $5.00 per volume 

from their invoice. Such libraries will be recorded as limited photocopiers 

and will be renewed at the current subscription price less this deduction. 

Corporate and university libraries are entitled to an additional deduction 

upon signature of the publisher's waiver form. Upon acceptance and confir- 

mation from the Publisher for the waiver, any copies which exceed the FAIR 

USE provisions will require payment to the Copyright Clearance Center. 

Please contact the Subscriptions Department at STBS for details and a copy 

of the license waiver form."



There is a danger that libraries may be paying for something without being 

aware of it and for something they might not want. At the very least, the 

issues should clearly state the amount of the fee in the subscription in- 

formation, and we should still have the option to request that the fee be 

waived.  

126.2 RESPONSE TO LICENSE WAIVER ARTICLE

Peter Graham, Rutgers University Libraries, psgraham@gandalf.rutgers.edu; and Mary Jo Barnello, Exxon Research and Engineering Co., Annandale NJ, mjbarne@erenj.com.


From: Peter Graham: 



I wonder if there is any analogy between the G&B "license waiver" and the 

software terms commonly referred to as the "shrinkwrap license." In the 

latter case, there seems to be agreement that the terms are unenforceable 

and in fact never have been enforced, as they involve a set of requirements 

beyond what normal purchase would imply and that can't be fully understood 

until the package is opened (purportedly "committing" the "licensee").



I suspect that a lot of dollars can be spent to "save" the $5 the publisher 

is talking about here, and that there is little danger of subscribers being 

committed either now or later to the terms of the "license" just because 

it's printed in the back of the journal. I would treat it as smoke and 

ignore it, myself, unless a lot more money was involved. 



-----



>From Mary Jo Barnello:



Something else to consider for G&B publications. The titles are now includ-

ed in schedule A of the CCC. If an organization is part of the CCC, they 

should check their subscription costs for these titles with the publisher 

and/or their journal vendor.

126.3 FINDING CURRENT INFORMATION ON THE PUBLISHING INDUSTRY

Luke Swindler, University of North Carolina at Chapel Hill, Luke_Swindler@unc.edu.


If one is looking for up-to-date, high-quality information on the publish-

ing industry, INVESTEXT ON INFOTRAC is the one of the best starting places. 

This monthly CD-ROM includes reports from American, British, European, 

Asian, and Australian investment firms on over 10,000 companies in scores 

of industries. It provides indexing, abstracting, and full-text reports. 

These reports are typically prepared by analysts at investment firms and 

are especially useful for financial data and industry trends.



In terms of the publishing, for example, INVESTEXT includes company, indus-

try, and topical reports. A recent search produced a report on Reed Else-

vier from March 1994 that covered more than a dozen topics, including such 

high-interest items to readers of this newsletter as "Stock Price, Earning 

Data and Rating 1993-95" and "Scientific & Medical Turnover/Profits 1992-

1995." Another 45-page report on the Dutch publishing industry dated July 

1994 covered several screens worth of topics. It contained nearly a dozen 

sections on Kluwer alone, including one on "Wolters Kluwer - Medical and 

Scientific Publishing" that contained both current and projected statis-

tics, and another on "Wolters Kluwer - CD-ROM - A Structural Change," in 

which the company projected its electronic products for the rest of millen-

nium. (By the year 2000, Kluwer estimates that total group sales from elec-

tronic publishing--mostly CD-ROMs--will move from its 1994 7% to 15-20%.)

126.4 VIRGINIA TECH EXPERIENCE

Paul Metz, Virginia Tech University, pmetz@vt.edu.


Recently it came to my attention that we had paid over $30,000 last year 

for each of two journals in chemistry. While these journals are paid in 

blocks of volumes and therefore bills could cover more than one year (we 

had in each case paid nothing the previous year), we naturally became con-

cerned and started to investigate.



For _Phosphorous, Sulfer, and Silicon and the Related Elements_, published 

by Gordon and Breach, we most recently paid $9,804 for 12 volumes, and have 

in general been paying $700-$900+. Often volume and number are synonymous 

and pagination runs from just under to something over 200 pages. Per page 

costs for a given shipment can exceed $4.00. Generally shipping and hand-

ling adds another $40 per volume. If I read the 1992 citation data correct-

ly, this journal ranks somewhere in the second 1,000 of cited journals in 

science. Two issues were reshelved in a study of current periodicals use we 

at Virginia Tech conducted through most of the winter 1994 semester.



For _Molecular Crystals and Liquid Crystals Science and Technology,_ pub-

lished by Gordon and Breach, we have most recently been paying something 

over $700 for a volume, and again these are volumes one might arguably 

equate with numbers of most journals. Readers should verify these numbers 

themselves, but I believe that the _Journal Citation Reports_ of ISI indi-

cated that this journal ranked 450th in the 1992 citation data for science 

journals. We recorded no reshelving of this title during our study.



The chairman of our Chemistry Department was most cooperative in conducting 

a straw poll on short notice (we had very little time before making a deci-

sion whether to renew). Members of the department who responded voted 7-0-1 

(7 favorable, one abstention) for cancellation, and we have cancelled.



Two comments from the chemists are worth sharing. The chair noted that it 

was his sense that faculty members in the US are making personal pledges 

not to publish in highly expensive journals. A member of his department 

stated:



"There are a number of journals that could be removed from accession with-

out affecting our vitality as a research institution. They are holdovers 

from the days of affluence. Indications from a number of publisher advisory 

boards suggest that they recognize that journals have proliferated to the 

point of absurdity, impact indices are dropping as people become flooded 

with 'too much," and all commercial elements are struggling with how to 

cope with the pending explosion in electronic publishing.



"These journals should go, and it is time that we looked honestly at the 

expenditures within the library collection. Our historical view that it 

involved 'their' money, not ours is no longer tenable. Our classic reac-

tionare attitude needs to be changed."

126.5 COPYRIGHT ROYALTY INCREASE

Tom Lindsey, University of Texas at Arlington, lindsey@library.uta.edu.

_Newsletter on Serials Pricing Issues_ Item 100.5 was a letter from me 

commenting on an apparent increase of copyright royalty fees over the past 

few years. Some other librarians and I did a study of the situation using 

300-315 journals for which our libraries had exceeded "fair use" guide-

lines, and had paid royalty fees to the CCC or through a document supplier.  



We have some statistics, but I am uncertain about them. A crucial factor 

was the decision about what calendar day of the year to use when converting 

non-U.S. currencies to their U.S. equivalents in dollars and cents. Have 

you learned about anyone else studying changes in copyright fees over the 

past few years?  



I try to search Library Literature and other bibliographic databases, but I 

haven't found the right concept indexing term that might index such stud-

ies. Are there no such studies, or am I so blinded by the "forest" that I 

can't find the "tree" or "trees" of index terms? Thank you for any help you 

or others can give me? 


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Pricing Issues_ are made on the responsibility of the authors alone, and do 

not imply the endorsement of the editor, the editorial board, or the Uni-

versity of North Carolina at Chapel Hill.

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The NEWSLETTER ON SERIALS PRICING ISSUES (ISSN: 1046-3410) is published by 

the editor through the Office of Information Technology at the University 

of North Carolina at Chapel Hill, as news is available. Editor: Marcia 

Tuttle, Internet: tuttle@gibbs.oit.unc.edu; Paper mail: Serials Department, 

CB #3938 Davis Library, University of North Carolina at Chapel Hill, Chapel 

Hill NC 27514-8890; Telephone: 919 962-1067; FAX: 919 962-4450. Editorial 

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ana State University), Daniel Jones (University of Texas Health Science 

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