I see your point. This is exactly why we need to be clear as to our 
position, in the way that we are with copyright. I am going to ask NLH to 
investigate the issue, even though it may be stirring up even more 
problems. I think if publishers thought this was happening a lot, then they 
would withdraw, or make more expensive, their individual subscription 
rates. You can understand it; in that way it's similar to copyright.

Alison Ray




On Sep 11 2007, Hodgson, Julian wrote:

>While not disagreeing with these observations, I wonder if this has ever
>been tested.   Publishers can make statements which are not legally binding
>even though they appear to be.  You will remember the Penguin injunction
>that their books may not be sold or lent in covers other that those they
>were issued in (i.e. could not be rebound), yet public libraries did (and I
>guess do) this without reprisal.
>
>Julian Hodgson
>Librarian
>Wishaw General Hospital
>Alistair Mackenzie Library
>Ronald Miller Education Centre
>Netherton Street
>Wishaw
>ML2 0DP
> 
>01698 366316
>[log in to unmask] 
>
>-----Original Message-----
>From: UK medical/ health care library community / information workers
>[mailto:[log in to unmask]] On Behalf Of Alison Ray
>Sent: 10 September 2007 13:59
>To: [log in to unmask]
>Subject: Re: Donated Materials
>
>I was just composing a reply on the same lines. The question is not one of 
>copyright, but of the legality of accepting donations. In book terms, this 
>equates to buying from doctors the cheaper copies from, for example, India 
>or Pakistan.
>
>We are all quite hot on copyright and so I wonder why this issue often 
>slips by? Perhaps raising its profile across the country, and an obvious 
>show of solidarity, might make it easier for librarians who have pressure 
>put on them to accept illegally donated copies?
>
>Alison Ray
>Head of Knowledge Information and Library Services
>Scarborough and North East Yorkshire Health Care NHS Trust  
>
>On Sep 10 2007, Engel, Colin wrote:
>
>> Often a scientific society's members receive a free or discounted 
>> subscription to their society's official publications: non-members pay 
>> more. In such cases it is usually part of the subscription contract that 
>> these copies are for the use of members only, and they do not have the 
>> legal right to pass them on. Some publishers helpfully print "Member's 
>> copy" on the front cover. Libraries accepting these are already outside 
>> the law merely placing them on the shelves as library stock, before they 
>> even go near a copier. A library considering accepting donated material 
>> needs first to establish that the donor has the right to donate.
>>
>>Concern that the donor might be offended should be addressed in the manner
>>of refusal, rather than the decision whether to accept.
>>
>> Colin Engel Knowledge Retrieval Librarian Clinical Library Service 1st 
>> Floor C Block Russells Hall Hospital Dudley DY1 2HQ Tel. 01384 321089 We 
>> provide the following services: Document delivery, journal and book 
>> collections in electronic and hard copy. Training courses in knowledge 
>> retrieval, literature search services, enquiry service. National Library 
>> for Health: http://www.library.nhs.uk Library catalogue available on 
>> Trust Intranet.: http://libcat.dudley.nhs.uk/amlibweb
>>
>>
>>
>>-----Original Message-----
>>From: Rey Patricia [mailto:[log in to unmask]]
>>Sent: 10 September 2007 12:43
>>To: [log in to unmask]
>>Subject: Re: Donated Materials
>>
>>
>> Whether these are covered by the CLA Licence would be useful to know.
>>However, once material has been donated to the library it becomes
>>library property & can, presumably, then be copied under fair dealing &
>>library privilege.
>>
>>
>>Tricia Rey
>>Library Services Manager
>>Queen Victoria Hospital NHS Foundation Trust
>>East Grinstead
>>Tel: 01342 414266
>>Mailto:[log in to unmask]
>>
>>
>>-----Original Message-----
>>From: UK medical/ health care library community / information workers
>>[mailto:[log in to unmask]] On Behalf Of Anne Weist
>>Sent: 24 August 2007 09:59
>>To: [log in to unmask]
>>Subject: Re: Copyright query
>>
>>Dear Colleagues,
>>
>>I have been advised that we should seek direct clarification from the
>>CLA on  the legality of copying from donated material. Clearly, the
>>messages that participants took away from the four July Copyright
>>workshops varied. 
>>
>>Also, I am aware that one workshops did not consider the question of
>>copying from donated material and that the others had varying amounts of
>>discussion on the subject.
>>
>>I will ask the CLA for a response that can be sent to the list and
>>become part of their FAQs.
>>
>>Regards
>>
>>Anne
>>
>>Anne Weist
>>
>>Staff Development Manager
>>National Library for Health
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