RE: Institutional subscription question

[Michael Luby <ml1047@columbia.edu>]

[snip]


> 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

[snip]

Would a breach of terms still exist if a faculty member either:

donated back issues of the print journal no longer within the 
current
subscription, e.g. a researcher donates 2006-2007 issues of a 
journal
to a library that dropped the serial in 2005, retaining the 2008
issues until 2009, etc

or

were on the editorial board of the journal and receiving 
complimentary
copies of the print edition, which s/he gave to the library, 
either
during or after current subscription year.



Michael Luby

- that is what I would
[Hide Quoted Text]
> 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-----
> 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
>
>