Friday, June 2, 2006, 2:57:56 PM, you wrote:

BM> However, that's a totally different situation from asking a professor
BM> who bought an individual subscription in his/her own name and with
BM> his/her own funds to donate the issues to you.

Indeed in this case the library is not misrepresenting itself to the
publisher, although it implicitly is.

BM> I think the original
BM> message talked about the library giving money to the professor to have
BM> the professor buy it and then donate it. In this situation, I would
BM> think the publisher would have a strong claim that the professor (but
BM> not the library) violated the terms of the implicit contract through
BM> fradulent misrepresentation.

As has been pointed out already, I believe by Mr. Henderson (with whom
I agree on this topic, perhaps the first time we've ever agreed on
anything), the publisher or membership organization can, and will in
many cases, cancel the individual's subscription and/or membership for
donating the items to the library on a CURRENT basis.  I've seen a
number of journals arrive in libraries as donations of personal
subscriptions.  Some publishers don't care and/or don't have dual
pricing. However, there are others for which the cover of the personal
copies has a large print notice to the effect of "may not be donated
to a library within three years of publication".  I'm sure some of you
who are active in serials have seen donations come in with journals
with such a cover notice.

dan

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Dan Lester, Data Wrangler  dan@RiverOfData.com 208-283-7711
3577 East Pecan, Boise, Idaho  83716-7115 USA
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