----------(1)
Date: Mon, 29 Oct 2001 13:05:49 -0800
From: Shirley Rais <srais@LLU.EDU>
Subject: Re: Donations of older personal copies (Simone Jerome)

"Common sense" and "copyright" have nothing to do with each other!!:) --
Sorry, I couldn't resist!!  But, seriously, maybe this is a program for
NASIG's annual meeting.  I hope to go to my first one next year and think
this would be a good topic.  There is so much confusion about copyright in
all areas of library operations:  reserves, serials, ILL, etc.

I was one of the responders to the original message and stated that I also
went to a copyright class in which we discussed donations.  But I need to
clarify:  I was talking about donated SUBSCRIPTIONS, not individual
issues.  My instructor was also Laura Gasaway and MY interpretation of her
remarks were intended to be narrowly applied to subscriptions donated by
individuals to libraries when the subscriptions were paid for by the donor
at the individual rate.  When you accept donations of journals when people
clean out their offices or pass along duplicates and then you use them to
replace missing issues you've already purchased, then I don't believe you
would be violating copyright.  You already paid for them!!!  Purchasing
from back issues dealers is a similar circumstance.

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

> ---------- Forwarded message ----------
> Date: Mon, 29 Oct 2001 17:27:55 +0100
> From: Simone JEROME <sjerome@ULG.AC.BE>
> Subject: Re: Donations of older personal copies (Barbara Rehkop)
>
> A 09:52 26/10/01 -0400, vous avez écrit :
> >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.
>
> Just two questions.
> First, apart for the journals of professional societies which I understand
> are part of a membership, is the discriminatory rate institutional/individual
> legal for a commercial publication ? Is the individual rate not equivalent
> to dumping as the operational costs of publishing are covered by
> institutional subscriptions only and the product is exactely the same, sold
> at the same time
> and not in extra sales ?
>
> Second, I do not understand what the fact to offer an issue for reading
> in a library room not for profit has to do with copyright. Copyright begins
> with the copy, had the journal been bought or donated. I think that the
> issue here is not copyright but contract law, no ? It is obvious for
> societies journals where as a society's member, you agree to its rules and
> among them
> not to give it to the library at least for a period of time (five years for
> ACS for instance). In the case of a commercial journal, it depends on the
> conditions of the vendor. But as journals contain more or less transient
> information, is it reasonnable to extend the vendor rights to eternity ?
>
> Can specialists comment on what I mean only remarks of common sense ?
>
> Thank you.
>
> Simone JEROME, Librarian
> University of Liege
> Institute of Chemistry B6
> 4000 Sart Tilman (Liege 1)
> BELGIUM
>
> email address : sjerome@ulg.ac.be
> URL : http://www.ulg.ac.be/libnet/ud18.htm

----------(2)
Date: Mon, 29 Oct 2001 15:35:45 -0600
From: Karen Chobot <karen.chobot@NDSCS.NODAK.EDU>
Subject: Re: Donations of older personal copies

I am most interested in this issue as well and would appreciate comments
from a lawyer or other specialist in copyright law.  I was taught that for
printed copies, the ultimate source did not matter since they are sold as
units, not licensed.  The original purchaser has the right to dispose of
them as they see fit, and libraries can make use of them if donated.  Of
course, it is different for licensed materials and other electronic
copies, for which the first sale concept does not hold.

It has always been my understanding that publishers charge libraries more
simply because they can, and they will cancel subscriptions if they find
out you haven't been honest with them.  I have no objection to that, but
if they are trying to control sold copies, perhaps the library world needs
to get involved and get something spelled out in legislation.

Does anyone have specific legislation in mind for this concept that would
help?  Thanks, Karen.