Re: Inquiry regarding acceptance of serial gifts (Jim Mumm) Marcia Tuttle 11 Aug 1995 15:36 UTC

---------- Forwarded message ----------
Date: Fri, 11 Aug 1995 09:52:31 -0500
Subject: Re: Inquiry regarding acceptance of serial gifts

I wonder what the law is regarding the kind of disclaimer Marcia cited.
The disclaimer says that it is "illegal to donate...".  I cannot recall
hearing of a case where someone was sued for donating material
to a library.  Has there been one?  I also do not know of any language in
the copyright laws that would prevent someone from giving material to
someone else.

I may be wrong on both of my assumptions, but I would read the disclaimer
to be more on the line of the publisher saying they prefer people to not
donate the material to libraries because they want to reap as large a
profit as possible.  My guess is that if a publisher found out that
someone was donating his or her subscription to a library, the most
action they could take would probably be to discontinue the personal

Once again, I may be wrong.

               ***                                      ***
               ***   Jim Mumm                           ***
               ***   Acquisitions / Serials Librarian   ***
               ***   Marquette University Law Library   ***
               ***   1103 W. Wisconsin Avenue           ***
               ***   P.O. Box 3137                      ***
               ***   Milwaukee, WI  53201-3137          ***
               ***                                      ***
               ***               ***
               ***   TEL : (414) 288-5351               ***
               ***   FAX : (414) 288-5914               ***
               ***                                      ***

On Thu, 10 Aug 1995, Marcia Tuttle wrote:

> 2 messages
> ----------
> Date:         Thu, 10 Aug 1995 09:21:53 MDT
> From: Donnice Cochenour <DCochenour@VINES.COLOSTATE.EDU>
> Subject:      Re: Inquiry regarding acceptance of serial gifts ( Aimee Algier)
> Some society publications have a notice on the front cover of their
> publications stating that it is illegal to donate copies to libraries
> until a certain number of years after the publication date.  This is
> because the personal subscription for professors is significantly cheaper
> than the institutional subscriptions and some libraries used to rely on
> their professors to purchase subscriptions to avoid the higher prices.  I
> don't know if this is the situation Aimee is referring to.
> ___________________________________
> Donnice Cochenour
> Serials Librarian
> Colorado State University Libraries
> Ft.Collins, CO 80523
> (303) 491-1821
> (303) 491 1195 (fax)
> -----
> Date:         Thu, 10 Aug 1995 11:37:15 EDT
> From: David Alleman <ALLEMAND@LIB.EMU.EDU>
> Subject:      Re: serial gifts/personal subs
> Several years ago during a period of increasing serials prices and
> decreasing enrollment, a decision was reached to cancel several important
> journals.  (I am sure you know which era I am referring to!)
> The library director had a series of written and phone communications with
> a society about the price of their titles.  The discussion focused on why
> small institutions should be charged the same as large ones, based on the
> usual logic supporting the difference in institutional and personal
> prices.
> The result of the conversation was the fairly clear suggestion by the
> publisher that the institution here make use of personal subscriptions.
> They should not be listed as held by the library.  The titles should
> remain in the instructors office (not a reading room or "branch" library).
> After three years the titles could be transferred to the library.  There
> was nothing about this in writing.
> Some instructors have made contributions of the titles and others are paid
> when the transfer is made to the library.  Students inquiring about why
> the recent issues are not on the shelves are told to ask their instructors
> for use of the instructors copies.
> It is not very satisfactory, especially for the user who is not part of
> the department involved and has difficulty finding out about the location
> of the issues. Occasionally, we have had trouble with finding issues, but
> it has worked fairly well.
> David Alleman
> Ref. and Serials Librarian
> Eastern Mennonite University
> Harrisonburg, VA 22801