I fully agree that the first and second options are likely and reasonable courses of actions. I wonder about the third.
Libraries receive a lot of donations and I would think accept these donations in good faith. So if someone offers to donate a print copy of a journal, would you expect the library to give them the third degree about whether they do own those print copies and have the right to give them to whom they wish, or whether there's a clause in their society membership that specifies that the print copies may not be used by or passed to anyone else?
If there is such a clause and the member is breaching it by donating a personal print copy, surely that is a matter between the subscriber and the publisher and nothing to do with the library concerned?
Regards
Raewyn
Raewyn Adams
Librarian BOP Clinical School
Tauranga Hospital Library
Bay of Plenty District Health Board
Private Bag 12024, Tauranga 3143, NZ
-----Original Message-----
From: An informal open list set up by UKSG - Connecting the Information Community [mailto:[log in to unmask]] On Behalf Of John Cox
Sent: Thursday, 18 November 2010 09:59 PM
To: [log in to unmask]
Subject: Re: [lis-e-resources] Journal resources/prices: individual versus institutional
When publishers set individual and institutional subscription prices, there
are conditions attached. While the institutional subscription assumes
unlimited access by all those entitled to use the institution's library, the
individual subscription rate comes with the condition that the journal is
for the personal use of the subscriber only. If the individual subscriber
passes his/her copies to the library for access by all, he/she is in breach
of those conditions - i.e. in breach of contract.
What would a publisher do in those circumstances? My experience as a
publisher and as a subscription agent over 40 years indicates that
publishers could take the following steps:
Firstly, it would write to the individual subscriber pointing out the breach
of conditions and ask him/her to cease and desist.
Secondly, it could suspend the dispatch of the remaining issues due under
that subscription until the matter had been resolved.
Thirdly, the publisher might write to the library pointing out that using
such copies as part of the library collection is not allowed under the terms
of the individual subscription and that the library's conduct could be
subject to legal action (inducing breach of contract, breach of copyright
etc).
Most librarians I know want to be good copyright citizens. Most
institutions want to avoid unnecessary legal liabilities. Most publishers
would be horrified at the prospect of taking action against their customers,
but have to protect their businesses. I am astonished that this issue has
been raised in these terms. Don't go there.
John Cox
Managing Director
John Cox Associates Ltd
Rookwood, Bradden
Towcester, Northamptonshire
NN12 8ED
United Kingdom
Tel: +44 (0) 1327 861184
Fax: +44 (0) 20 8043 1053
E-mail: [log in to unmask]
Web: www.johncoxassociates.com
-----Original Message-----
From: An informal open list set up by UKSG - Connecting the Information
Community [mailto:[log in to unmask]] On Behalf Of Frank Trew
Sent: 17 November 2010 17:06
To: [log in to unmask]
Subject: [lis-e-resources] Journal resources/prices: individual versus
institutional
There has been some activity recently concerning the rising cost of
journals,
with publishers hiking their prices, and institutions bemoaning the
straitened
financial circumstances under which we are having to operate.
My question to the group is this:
Has anyone opted to go down a route of individual subscription (as opposed
to institutional one),
with a presumption that the "individual" would then donate their "personal"
copies to the library?
The premise being that the individual subscription is very often much
cheaper that the institutional one.
I realise this is a potential minefield (and I may not be wearing sufficient
armour to deal with the flak!)
But surely, such an approach would not be illegal, would it, even though
there might be moral qualms
about it? Of course, any online access that came with the subscription would
really be just for the
individual, and not be available institution wide. But if we could live with
that, are there any reason
why we shouldn't do this?
Just thought I'd ask...
Frank Trew
College Librarian
Rose Bruford College of Theatre and Performance
Frank Trew
Librarian
Forthcoming Events at Rose Bruford College:
Autumn Season at Rose Bruford College, with “Tales from the Vienna Woods” by
Ödön Von Horváth (Thursday 28th October to Saturday 30th October), “The
Playboy of the Western World” by J.M Synge (Thursday 11th November to
Saturday 13th November), and “Children of the Sun” by Maxim Gorky (Thursday
25th November to Saturday 27th November). Tickets are available from box
office at mailto:[log in to unmask] or call box office on 020 8308
2616.
New Course from Rose Bruford College:
Postgraduate Certificate in Learning and Teaching in HE (Theatre &
Performing Arts) please contact Kathy Dacre for further information at
mailto:[log in to unmask]
Lamorbey Park Campus, Burnt Oak Lane, Sidcup, Kent. DA15 9DF. UK.
t +44(0)20 8308 2600 f +44(0)20 8308 0542 ddi +44(0)20 8308 2685
P Please consider the environment before printing this e-mail
lis-e-resources is a UKSG list - http://www.uksg.org/serials
UKSG groups also available on Facebook and LinkedIn
lis-e-resources is a UKSG list - http://www.uksg.org/serials
UKSG groups also available on Facebook and LinkedIn
Notice of Legal Status and Confidential Information: This electronic mail
message and any accompanying attachments may contain information that is
privileged and CONFIDENTIAL. If you are not the intended recipient you are
advised that any use, review, dissemination, distribution or reproduction of
the information is strictly prohibited and may be unlawful. If you have
received this document in error, please notify the sender immediately and
destroy the message.
______________________________________________________________________________
This email has been scrubbed for your protection by SMX.
For more information visit http://smxemail.com
______________________________________________________________________________
lis-e-resources is a UKSG list - http://www.uksg.org/serials
UKSG groups also available on Facebook and LinkedIn
|
