Actually, Ms. Gasaway talked about four measures the courts use to
determine fair use:

1) the purpose and character of the use, including whether such use is of
a commercial nature or is for nonprofit educational purposes;
2) the nature of the copyrighted work;
3) the amount and substantiality of the portion used in relation to the
copyrighted work as a whole; and
4) the effect of the use upon the potential value of the copyrighted work.

The end of it is, the goodness in our hearts and educational purpose might
not be enough to keep us out of court if we are violating (3) (with a
whole issue or volume or whatever) AND (4) the publisher successfully
argues that it doesn't get to sell more copies at the higher(library)
rate.

Ms. Gasaway probably did instruct us on the conservative side of the legal
practice.  My notes go on to say, "Personal (lower rate) subscription
cannot be added to the library collection (higher subsc. rate). Must ask
for permission from publisher."

That's why I'm interested to know what people do in The Real World (smile!)

Happy Weekend,
Barbara Rehkop

-----Original Message-----
From: SERIALST: Serials in Libraries Discussion Forum
[mailto:SERIALST@LIST.UVM.EDU]On Behalf Of Birdie MacLennan
Sent: Friday, October 26, 2001 2:05 PM
To: SERIALST@LIST.UVM.EDU
Subject: Re: Donations of older personal copies (2 messages)

2 messages, 51 lines:

(1)---------------------------
Date:         Fri, 26 Oct 2001 12:51:15 -0500
From:         Garry Church <gchurch@LAREDO.CC.TX.US>
Subject:      Re: Donations of older personal copies (Barbara Rehkop)

Intent would seem to be of significance in this. Since one is not trying to
get out of paying the library price for a new sub., but instead are using
the donations to replace the worn or damaged ones already paid for, or as
supplemental copies, then it would seem different - wouldn't it?

(2)---------------------------
Date:         Fri, 26 Oct 2001 09:53:29 -0700
From:         Shirley Rais <srais@LLU.EDU>
Subject:      Re: Donations of older personal copies (Barbara Rehkop)

Barbara:  We were also advised this during a course on copyright.  Our
understanding was that if the library or subscriber did not pay the
institutional subscription rate then, while the library might be able to
put the issues on the shelf, the library couldn't make copies from them
for photocopy service or Interlibrary loan without violating copyright.
We decided it wasn't worth the trouble and do not accept donated
subscriptions.

Shirley Rais, MLS
Jesse Medical Library
Loma Linda University Medical Center
P.O. Box 2000
Loma Linda, CA 92354

PH:  909-558-4796
FX:  909-558-4722
Srais@llu.edu

Barbara Rehkop wrote:

> Would somebody please speak to copyright issues in accepting donations?
> We have been advised (in a class on copyright) that since individuals did
> not pay the (greater) library price for their subscription, we should not
> make donated copies available to the public.
>
> Thanks,
>
> Barbara Rehkop, Manager
> Information Services
> St. Louis Public Library
> St. Louis, MO
> <brehkop@slpl.lib.mo.us>