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ACM Digital Library
Begins:July 1, 2018
Ends:June 30, 2019
Perpetual Access Rights
Clause 15 of the 2018-2021 licence grants perpetual access rights:
15. Post-Cancellation Perpetua! Access. Upon termination of this Agreement, and upon written request from the Authorised Institution, the Publisher will provide the Authorised Institution and their Authorised Users with access to the full text of the Licensed Material which was published and paid for during the term of this Agreement eîther through the ACM DL platform (http://dl.acm.org), Portico, CLOCKSS or other means mutually agreed upon by the Publisher and the Subscriber. Authorized Institutions requesting Post-Cancellation Access (PCA) services agree to provide the Publisher with a complete list of current IP Addresses reglstered for its institution at the time subscription access is terminated and PCA services are activated. All IP information provided will remain valid for the duration of the Authorised lnstitution's post-cancellation access, and no further changes or updates to this information will be made by the Publisher. The full text of the electronic files may not be resold al any time; this remains in effect in perpetuity. Authorised Institutions will be required to sign a separale Post-Cancellation License Agreement with the Publlsher. Continuing post cancellation access is
subject to the terms and conditions of use of this License.
A copy of the PCA has been added to this licence page.
A clarification regarding the scope of the post-cancellation rights were reqested. The following email exchange with the vendor dated May 28, 2020, may help with this.
BCI: One of the libraries subscribed to ACM, the U of Manitoba, has a weeding project. They would like to know how far back perpetual rights are granted. Our last licences granted perpetual access to content published during subscription years on Portico, CLOCKSS, etc. Clause 15 of the current licence, 2018-2021, added access on the ACM DL Platform. However, the very first licence, 2009-2012, does not appear to have any perpetual rights indicated. The U of Manitoba was a subscriber back then. So, the question is, does the current contract include perpetual access back to 2009? Or does it go back even further, in case Manitoba had their own subscription in the previous years?
ACM: The PCA terms allow perpetual access to the content that has been published and has had access paid for in full by the customer during the customer’s DL subscription period. So for example, if Manitoba subscribed from Jan 1, 2009 to May 28, 2014; and then again from Jan 1, 2016 to May 28, 2020 and had paid ACM in full for this time period, the ACM content published from Jan. 1, 2009 to May 28, 2014 and then from Jan. 1, 2016 to May 28, 2020 would be granted perpetual access. I hope this is clear. I’ve attached our PCA agreement to this email for your reference.
"11. Inter-Library Loans. The Subscriber and individual users affiliated with the Subscriber may make digital or hard copies of the individual articles contained within the DL, as long as such copies re not made or distributed for profit or commercial advantage and all such copies bear the ACM copyright notice. The Subscriber's Authorized Users may download and print articles for personal use and archive contents on their own personal computers. Facsimile images that are exact representations of the print pages or of printouts from the electornic database may be provided for interlibrary loan under CONTU guidelines and distributed in paper, fax, or digital form. Libraries may include copies of DL digital content in local electronic course rserve systems limited to use of Authorized Users of current classes." (source : license agreement for 2015-2016 - 2017-2018)
"12. Educational and Library Uses of Copyrighted Material. Electronic Reserves - Permission granted without fee provided the library or institution has an authentication mechanism for controlled access to the server and a license to the ACM-copyrighted work. A college, university or other accredited institution may place a single copy of a definitive version of the work in its library's electronic reserves for the duration of its educational needs for that work, provided that access is limited to its enrolled students (including those in its distance learning programs), faculty, and staff." See also clause 11. Inter-Library Loans. (source : license agreement for 2015-2016 - 2017-2018)
"7. Access to Historical Archive. The Licensor shall provide complimentary access to the complete archive of all ACM Publications dating back to each publication's first issue or volume. This complimentary access does not include archival rights, which can be arranged with the Licensor by separate Agreement." (source : license agreement for 2015-2016 - 2017-2018)