I believe it is perfectly fine under the first sale doctrine.  It would
be like someone purchasing a book and then immediately donating that
book to the library.

Like Lee Ann, we also have some titles where faculty donate their issues
to the library.  And we also have problems such as getting the issues in
a timely manner and not getting all the issues.  Therefore, we have
internally coded these titles as personal gift titles and we have a
public note that indicates that since these are personally donated, we
typically get them later than usual and that we often do not get all the
issues for a particular volume.

So, to make a long story short, the physicians are within their rights
to donate these to your library and you can use them. However, there is
usually a downgrade in the service you'll be providing your users
(getting the issues later than subscribing libraries or not getting all
the issues).

Buddy Pennington
Serial Acquisitions Librarian
UMKC - University Libraries
800 E. 51st Street
Kansas City, MO  64110
816-235-1548
816-333-5584 (fax)
penningtonb@umkc.edu

UMKC University Libraries: Connecting Learners to the World of Knowledge

www.umkc.edu/lib

-----Original Message-----
From: SERIALST: Serials in Libraries Discussion Forum
[mailto:SERIALST@LIST.UVM.EDU] On Behalf Of Howlett, Lee Ann
Sent: Wednesday, May 31, 2006 1:34 PM
To: SERIALST@LIST.UVM.EDU
Subject: Re: [SERIALST] Institutional versus personal subscriptions

We've had various physicians do this for us over the years by
subscribing and then immediately giving us the issue when it arrives.
Unfortunately, it never seemed to work out.  We never managed to obtain
all of the issues for a volume from anyone.

People mean well when they offer to do this but, in my experience,
something always happens where they either forget to send an issue on or
they wanted to keep just 'that one'.

Sincerely,
Lee Ann Howlett
_________________________________
Lee Ann Howlett, MA
Head, Serials, Dept.
Shimberg Health Sciences Library
University of South Florida
12901 Bruce B. Downs Blvd., MDC 31
Tampa, FL  33612
(813) 974-9080
(813) 974-7032 (fax)
Email:  LHOWLETT@HEALTH.USF.EDU

-----Original Message-----
From: SERIALST: Serials in Libraries Discussion Forum
[mailto:SERIALST@LIST.UVM.EDU] On Behalf Of Bluhm-Stieber, Hella
Sent: Wednesday, May 31, 2006 12:27 PM
To: SERIALST@LIST.UVM.EDU
Subject: [SERIALST] Institutional versus personal subscriptions

Hello all,
We are facing severe budget cuts and need to cancel half of our journal
subscriptions. The suggestion was made to ask for donations from
physicians who subscribe to certain journals the library needs. We are
concerned about the legal implications of this. We explained to our
management that we think that this is against copyright law.
One problem is that the doctors can pay for subscriptions through their
educational fund, but cannot donate money from it.

We think that the donors would have to pay for an institutional copy in
order that we can use it in the library. I would be grateful for any
suggestions or documentation why this is o.k. or not o.k.

Thank you very much,
Hella Bluhm-Stieber

Hella Bluhm-Stieber, MLIS, AHIP
Medical Librarian
Milton J. Chatton Medical Library
Santa Clara Valley Health & Hospital System
751 S. Bascom Ave.
San Jose, CA 95128
(408) 885-5654
Fax (408) 885-5655

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