This presentation ponders what ‘forever’ access to licensed resources means, both as intellectual property and technological access. New initiatives such as Controlled Digital Lending (CDL) and Occam’s reader are potential tools that work for the public good. While new initiatives can be exciting, the promise of perpetual access can be difficult to fulfill. Specific examples of how libraries and publishers have met, or failed to meet, license terms regarding perpetual access will be presented. How to best provide perpetual access to items outside of license agreements, such as Open Access journals and OER will also be broached. We will examine how practical, economic, and culturally responsive library initiatives fit within the constraints and opportunities allowed under licensing, copyright, and staffing levels. Participants will be invited to consider whether perpetual access is a goal that is necessary, merely encouraged, or something else entirely. Michelle Polchow, Electronic Resources Librarian, University of California, Davis

1. Exploring
Perpetual
Access
NASIG 2020
Michelle Polchow
Electronic Resources Librarian
University of California, Davis

2. National
Digital
Platform
for
LibrariesInstitute of Museum and Library Services
• Libraries work to solve local needs
• Simultaneously contribute to regional & national
• NDP is conceptualized as a way of thinking
• Measure US Libraries’ digital capacity & capabilities
– Software applications
– Social and technological infrastructure
– Staff expertiseNational Digital Platform
Collaborative or Disconnected?

3. National
Digital
Platform
for
LibrariesInstitute of Museum and Library Services
• Libraries work to solve local needs
• Simultaneously contribute to regional & national
• NDP is conceptualized as a way of thinking
• Measure US Libraries’ digital capacity & capabilities
– Software applications
– Social and technological infrastructure
– Staff expertiseNational Digital Platform
Collaborative or Disconnected?

4. University of
California
… out of contract
with Elsevier
UC represents 10% of nation’s scholarly publishing output

5. Don’t
worry,
we have perpetual
access to the
backfiles…

6. What did
the
fine print
say?

7. Post-
subscription
Access
• License with perpetual access
• Subscription ends due to cost-cutting measures
• Access to perpetual content
• Format selected by society publisher
-Jennifer Leffler,
TechnicalServices Manager &
Interim Assistant Dean of Libraries

8. Post-
subscription
Access
• License with perpetual access
• Subscription ends due to cost-cutting measures
• Access to perpetual content
• Format selected by society publisher
-Jennifer Leffler,
TechnicalServices Manager &
Interim Assistant Dean of Libraries

9. What did
the
fine print
say?

10. Licensed
Electronic
Resources
• License -
Access (rent) versus Purchase
• Right to retain content after agreement ends?
• Archival rights
– Is this dependent on an on-going relationship between the
parties?
– Perpetual access- except where termination of the
agreement occurs
• Licensor supplies Licensee with archival copies
• Will Licensee become lawful owner of digital copy?
“When libraries broaden acquisitions to
include not just sales, but to also
encompass licensing in their business
models, the effect has far greater
implications beyond acquisitions.”
Tomas Lipinski, JD, LLM, PhD. Professor, LibraryScience
Author: The Librarian’s LegalCompanion for Licensing Information
Resources and Services

11. LibLicense
Model
Performance Obligations
• Perpetual License. Notwithstanding anything else in
the Agreement, Licensor grants to Licensee a
nonexclusive, royalty-free, perpetual license to use any
Licensed Materials that were [accessible or subscribed
to] during the term of this Agreement. Such use shall
be in accordance with the provisions of this
Agreement, which provisions shall survive any
termination of this Agreement.The means by which
Licensee shall have access to such Licensed Materials
shall be in a manner and form substantially equivalent
to the means by which access is provided under this
Agreement. If the Licensor’s means of access is not
available, the Licensee may provide substantially
equivalent access to the Licensed Materials in
accordance with Sections 8.2 and 8.3, below.
• Survive termination of agreement
• Equivalent access after termination
• Licensee take over equivalent access

12. Authorized
Uses
• Backup Copy.
Licensor shall provide to Licensee upon request, or
Licensee may create, one (1) copy of the entire set of
Licensed Materials to be maintained as a backup copy.
In the event that the Agreement is terminated,
Licensee may use the backup copy to exercise any
perpetual license rights granted in this Agreement,
including but not limited to use of the backup copy as
the archival copy as specified in Section 8, below.
Where perpetual rights have not been granted,
Licensee will destroy all backup copies within [thirty
(30) business days] of termination of this Agreement.

13. USGS
Case Study
PatuxentWildlife ResearchCenter
Journal : Contemporary Herpetology
Information

14. Link Rot
Reference
Rot
• Document removed from website by author
• Website redesign migrates one URL to another
• Commercial businesses go out of business rendering
websites inaccessible
• Website owner forgets to renew domain registration or
stops maintaining website
• Digital is ephemeral
• Content is dynamic
• Wikipedia references rot as users change and edit
previous entries

15. International Journal of Applied Research in Natural Products
Healthy Synergies Publications

16. Legal
Discipline
Case Study
Tracking
rotten links
Sophisticated internet research skills:
Internet Archive,Wayback Machine
The Legal Information Archive
The Cyber Cemetery
Internet Sources Cited in Opinions
Supreme Court of the US
Government PrintingOffice Persistent Uniform
Resource Locator system (PURLs)
Harvard Library Innovation Lab: Perma.cc
Margolis, Ellie . :(2019). “Link rot, reference rot and the thorny problems of legal citation,” Partners for preservation: Advancing digital preservation through cross-community collaboration.

17. Scholarly
Record
Libraries’ role:
• Long history in preserving scholarly output.
• Partner with researchers as stewards of preservation and persistence.
• Electronic Resources Services are on the front lines to deliver perpetual access.

18. • Thinking back over past year, how often was digital
preservation relevant for your work?
• Does your institution have a digital preservation policy?
• Does your job description include preservation?
• Familiar with terms ‘perpetual access,’ ‘trigger event’ and
TRAC Certification?
• Are you familiar with digital preservation services such as
CLOCKKS, Portico, Internet Archive & Hathitrust?
• In your opinion (or your Library Director’s) who should have
primary responsibility for digital preservation?

19. Libraries
--ensure preservation measures included in license
--burden of proof for recordkeeping
--struggle to accommodate a non-standardized practice
--rely on third parties for preservation
Digital Preservation – licensed electronic resources
License
Keepers
Registry
Library of Congress
Collaboration:
Libraries &
Publishers
NASIG 2020 – “Where do we keep that?The new Keepers Registry and the digital content in your collection”

20. PORTICO
LOCKKS
CLOCKKS
• Third Party Archiving Services. Licensor and Licensee
acknowledge that either party may engage the services of
third-party trusted archives and/or participate in
collaborative archiving endeavors to exercise Licensee’s
rights under this section of the Agreement. Licensor
agrees to cooperate with such archiving entities and/or
initiatives as reasonably necessary to make the Licensed
Materials available for archiving purposes. Licensee may
perpetually use a third-party trusted system or
collaborative archive to access or store the Licensed
Materials, so long as Licensee's use is under the same
terms as this Agreement.
• In the event the Licensor discontinues or changes the
terms of its participation in a third-party archiving service,
the Licensor shall notify the Licensee in advance, and shall
in good faith seek to establish alternative arrangements
for trusted archiving and perpetual access to the Licensed
Materials.
LIBLICENSE:
Use License to advocate
for digital preservation

21. ITHAKA (JSTOR) grant funded by Andrew W. Mellon Foundation
Centralized repository (~700 publishers as of May 2020)
Fee for libraries to access both books & journals
Dark archive with content commitment from publishers
some post-cancellation access (79% of journals and 73% of ebooks)
Content available to all Portico participants through trigger event,
whether or not the institution previously had a license to content.
May 28, 2020
Pandemic is a threat to higher education institutions
and scholarly publishers;
Trigger events and post-cancellation – currently 125
titles / 103 open access;
EBSCO content no longer -- ebooks only;

22. LOCKKS -
Lots of Copies Keep Stuff Safe
--Originated with Stanford University Libraries’ grant from
Andrew W. Mellon Foundation
--Decentralized and distributed preservation system – includes
Open Access
--Content is kept safe from natural disasters, server outages,
and other service disruptions
--Content is always available, not just when the publisher ceases to exist
Examples:
Government PrintingOffice Persistent Uniform Resource Locator system (PURLs)
Harvard Library Innovation Lab: Perma.cc

23. CLOCKKS
LOCKSS partnership between academic publishers and
research libraries.
Dark archive with fees
Content made available to scholars worldwide, when no
longer available from publisher

24. Open Access
(Free range)
Commercial providers –
OA transfers from one
publisher to another,
moving OA to paywall
Jason Price –
“Read & Publish” & “Read & Archive”
The Charleston Advisor, Jan. 2020

25. National
Digital
Platform
for
LibrariesInstitute of Museum and Library Services
• Libraries work to solve local needs
• Simultaneously contribute to regional & national
• NDP is conceptualized as a way of thinking
• Measure US Libraries’ digital capacity & capabilities
– Software applications
– Social and technological infrastructure
– Staff expertiseNational Digital Platform
Collaborative or Disconnected?

26. U.S. Constitution-
copyright & fair-use
• Section 108 of the Copyright Act permits libraries
and archives to make certain uses of copyrighted
materials in order to serve the public and ensure
the availability of works over time.
Among other things, Section 108 provides limited
exceptions for libraries and archives to make
copies in specified instances for preservation,
replacement and patron access.

27. CONTROLLED
DIGITAL
LENDING
One copy = one user

28. EMERGENCY TEMPORARY ACCESS SERVICE

29. May 2020
Nearly two months after launching the EmergencyTemporary Access
Service (ETAS), it is in use at all but a handful of HathiTrust members.
171 campuses in the U.S. and Canada
supports millions of authorized library users.
Collectively the students, faculty, and staff at these institutions have
accessed these physically unavailable items almost 300,000 times.
On an average day, over 2,200 unique users access about 3,800
unique items, each reading roughly 50 pages online at HathiTrust.
This is intended to preserve the principle of allowing 1 user for 1 copy of
a book. If a book is available to your users via ETAS, it is because we
understand that your users are unable to access that item in the way
they normally would.Spring 2020-UCD accesses 50%
of its library’s print collection

30. March 24, 2020
Vast majority of 1.4 million, 20th century titles do
not have a commercially available ebook
Published 5 years ago or older
Internet Archive suspended waitlists for the 1.4
million books until end of US National Emergency
Users may borrow books without waitlist – aimed
for scale to support educators in the classroom
Prior to March 24, few authors asked to have books
removed from library within the waitlist process
Additionally holds 2.5 million public domain books
May 15, 2020
Seattle’s Bop Street Records – 500,000 recordings, store closes
during pandemic. Collection sight-unseen is purchased
by InternetArchive (citing treasures: high school marching bands,
soundtracks to foreign films, etc).

31. Academic
Libraries
Video Trust
Repository for AudioVisualWorks
Founded on Copyright provision for libraries
pursuant to Section 108 of the U.S. Copyright Act
preservation and replacement of works
in the library’s collections
• Works currently available only in the obsoleteVHS format
• Cooperative digitization and online distribution channel
• Library’sVHS collection or receipts for such works
• Trust is library fee based

32. National
Digital
Platform
for
LibrariesInstitute of Museum and Library Services
• Libraries work to solve local needs
• Simultaneously contribute to regional & national
• NDP is conceptualized as a way of thinking
• Measure US Libraries’ digital capacity & capabilities
– Software applications
– Social and technological infrastructure
– Staff expertiseNational Digital Platform
Collaborative or Disconnected?

33. Digital
Preservation
roles & responsibilities
Yun Davis, Jeehyun. (2016).TransformingTechnical Services: Evolving Functions in Large Research University Libraries. Library Resources &TechnicalServices. 60. 10.5860/lrts.60n1.52.

34. Multi-
Purpose
Activities
• Staff resources downsizing
• Increase efficiency
• Collections cost-cutting
• Open Access
• Storage capacity
Off-site Storage

35. (NOT SO)
EASY
SHARING
OF
E-BOOKS

36. Demonstrates leadership, acts as a bridge across the
multiple unites/departments involved in electronic
resources
High level of tolerance for complexity and ambiguity
Knowledge of systems architectures, support options for
library (including social) systems involved in access and
preservation of electronic resources
Knowledge of licensing and the legal framework
Understanding of issues such as copyright and fair use
High-level organizational and records management skills
to manage the often-complicated records needed to track
electronic purchases, subscriptions, and access
Professional
Competencies:
Electronic Resources
Librarian
(ALA and NASIG)

37. • Back-up copy –WayBackMachine
• Digital Preservation 3rd parties
• Licenses & Copyright
• Controlled Digital Lending
• Internet Archive
• HathiTrust
National
Digital Platform-
Social & Technological Infrastructure

38. Operationalizing
the library
Perpetual Access in action
• Perpetual access – receipts
• Map authorities - broken links
• Multi- purpose activities
• Data driven decisions
• Strategy / Policy/ Job descriptions

39. Michelle Polchow
Electronic Resources Librarian
University of California, Davis
mpolchow@ucdavis.edu
Contact:

40. Bibliography
Emery, J. (2020) Heard on the Net:The Change, Had to Come,The Charleston Advisor. doi: 10.5260/chara.21.3.59
Association of College and Research Libraries, Environmental Scan 2019, American Library Association. https://bit.ly/2KeRY52
HathiTrust, accessed May 22, 2020 https://www.hathitrust.org/covid-19-response
InternetArchive, National Emergency Library, http://blog.archive.org/2020/03/24/announcing-a-national-emergency-library-
to-provide-digitized-books-to-students-and-the-public/
LIBLICENSE Model License: Licensing DigitalContent. (2014) Center for Research Libraries. liblicense.crl.edu
Lipinski,T. (2013). The Librarian's Legal Companion for Licensing Information Resources and Services.Chicago: Neal-Schuman,
An Imprint of the American Library Association. Print. LegalAdvisor for Librarians, Educators & Information Professionals ;
No. 4.
Margolis, E. :(2019). Link rot, reference rot and the thorny problems of legal citation,” Partners for preservation: Advancing
digital preservation through cross-community collaboration.
Marx, M., & Owens,T. (2015).The National Digital Platform for Libraries and Museums. American Libraries, 26-29..

41. Bibliography
Mering, M. (2015) Preserving Electronic Scholarship for the Future:An Overview of LOCKSS, CLOCKKS, Portico, CHORUS, and the Keepers
Registry, Serials Review, 41:4, 260-265, DOI: 10.1080/00987913.2015.1099387
NASIG Digital Preservation Committee, accessed June 1, 2020 https://www.nasig.org/Digital-Preservation-Committee
Office of Scholarly Communication, University of California, accessed Sept. 19, 2019 at https://osc.universityofcalifornia.edu/open-access-
at-uc/publisher-negotiations/uc-and-elsevier/ .
Portico, May 28, 2020 http://info.ithaka.org/acton/rif/10452/s-22bd-2005/-/l-1d1e:1bda/l-
1d1e/showPreparedMessage?utm_term=WEB%20VERSION&utm_campaign=eml_p_newsletter_05_2020&utm_content=email&utm_sour
ce=Act-On+Software&utm_medium=email&sid=TV2:YY0GwPe3i
Sullenger, P. (2014). A departmental assessment using the core competencies for electronic resources librarians. Serials review, 40(2), 88–
96. Https://doi.Org/10.1080/00987913.2014.922377
USCopyright Section 108 http://www.section108.gov/about.html
Virginia’sAcademic Library Consortium,Whole ebook lending, accessed May 2020 https://vivalib.org/c.php?g=836990&p=6137355
Walters, William H. "The Death and Migration of Book Collections inAcademic Libraries." Portal: Libraries and the Academy 18.3 (2018): 415-
22.Web.
Yun Davis, Jeehyun. (2016).TransformingTechnical Services: Evolving Functions in Large Research University Libraries. Library Resources &
Technical Services. 60. 10.5860/lrts.60n1.52.

42. Images
Slide #5: Gertrude Berg sitting at desk, https://digitalcollections.nypl.org/items/765ee483-b016-3a45-e040-e00a180622d2
Slide #6&9: Legal fine print: https://www.flickr.com/photos/msimmons/180114836
Slide #8: Flash Drive, https://www.ssbrm.com/no-matter-what-you-call-it-a-flash-drive-can-help-manage-your-data/
Hard drive, Noun Project, https://thenounproject.com/term/hard-drive/43670/
Slide #14: Broken Link https://thenounproject.com/search/?q=broken%20link&i=2280699
Slide #13: Journal https://thenounproject.com/term/journal/1609305/
Slide #14: Justice https://thenounproject.com/search/?q=justice&i=2460842
Slide #24:Hathitrust https://www.hathitrust.org/covid-19-response
Slide #20-21: LOCKSS https://www.lockss.org/about/logo
Slide #24 Wild horses, at play. https://digitalcollections.nypl.org/items/510d47da-dbe7-a3d9-e040-e00a18064a99
Slide #26: US Constitution https://images.app.goo.gl/GtNVu8VUVzDtvpQbA
Slide #38: Edinburgh University, https://www.flickr.com/photos/woolamaloo_gazette/15294544499