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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