RE: Institutional subscription question

["John Cox" <John.E.Cox@btinternet.com>]

Bernie Sloan has raised a point that recurs from time to time.

The position is that personal subscriptions are provided on the 
basis that the personal subscriber uses the journal SOLELY for 
his/her individual private study and research, often sent to the 
subscriber's home address. Contrast that with an institutional 
subscription, under which ALL library patrons may use it - this 
is analogous to a "site license".

For the personal subscriber to donate his/her copy to the library 
would be a breach of the terms and conditions of the personal 
subscription, and the publisher would be advised to discontinue 
the subscription with immediate effect - that is what I would 
have done when I was a journal publisher at Carfax.

For the library, circumventing a library subscription by 
accepting such a donation and putting the copy/copies in the 
library for access by all would be unlawful.

There has been successful legal action in recent years relating 
to the supply of personal subscription copies to libraries - 
bought at the personal rate, but supplied at the institutional 
rate - by unscrupulous "agents". This issue there was similar to 
what Bernie is questioning.

What Bernie suggests amounts to theft.  So don't do it.

John Cox
Managing Director
John Cox Associates Ltd
Rookwood, Bradden
TOWCESTER, Northants NN12 8ED
United Kingdom
E-mail: John.E.Cox@btinternet.com
Web: www.johncoxassociates.com


-----Original Message-----
[mailto:owner-liblicense-l@lists.yale.edu] On Behalf Of B.G. Sloan
Sent: 13 May 2008 23:56
To: liblicense-l@lists.yale.edu
Subject: Institutional subscription question

A question came up on another list:

"Rather than have us cancel subscriptions because we can't afford
them, we have faculty who wish to donate their personal copies.
However, a question has arisen here regarding whether or not this
would be legal."

Just wondering what people think about the idea of a library
circumventing the institutional subscription cost of a journal by
accepting donated copies of the journal from a faculty member
with a personal subscription?

I'm interested in hearing what people think from a
legal/contractual perspective.

Thanks!

Bernie Sloan