On Mon, 26 Apr 1993, Clarice Luce wrote:

> The University of North Texas Libraries has been given a gift of
> several volumes of two different periodical titles published by a
> commercial publisher for a society.  The statement on the front of
> each issue says for "Member's Use Only."  Library use is prohibited
> for five years from the date of publication.
>
> We would like to know if other libraries have faced this problem, and
> if so, what decision did you make.  We do not want to do anything
> illegal; however, how legally binding is the statement? ...
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I checked with our Law Librarian here at the University of Manitoba, Neil
Campbell about this issue and his response is the following:

First, this doesn't look complicated, really, unless someone makes it so.

If anything, the gift may be tainted. If one of the members gave the gift,
in contravention of the association's by-laws, etc., then they acted
incorrectly and couldn't in fact donate the material. If so, thene these
books could still by the property of the association and impressed with a
trust that goes with each member. The Library, of course, is not bound by
the association rules, nor does it have a contract with the publisher
directly; however, the statement in the books does put them on notice and
it could well be that the books could be forceably returned.

The best is not to ignore it - to do everything to get permission or a
release from the donor, publisher and association, giving the gift
unconditionally to the library to do as they wish. Even if they try, and
can't get an answer, then I think the material could be freely circulated,
as long as copies of the documentation are kept.

Norma Godavari
Engineering Library
University of Manitoba
Winnipeg MB R3T 2N2