2 messages, 89 lines:

(1)-------------------------
Date:         Mon, 16 Sep 1996 13:37:00 -0700
From:         David_Fisher@UCSDLIBRARY.UCSD.EDU
Subject:      Re: Question re accepting gift issues of a serial
Comments: To: mrioux@CORNELIA.WHOI.EDU, SERIALST@UVMVM.UVM.EDU

  Maggie:
          I'm assuming the scenario you've described has him
          delivering each issue he receives to the library as he
          finishes with it.  Seems to me the big issue here is
          reliability - how will you handle claims?  He's got to be
          the go-between because you have no standing with the
          publisher.  Does he bring each issue in on the day of
          receipt or several days or weeks later? If they aren't on
          your shelves when other subscribers already have their
          copies does it matter to your users? Is he prepared to claim
          missing issues or replacements for defective copies or for
          issues damaged in the mail?

          Encourage your patron to support this subscription by
          donating the cost of the subscription directly to a library
          gift fund. The library can then maintain the subscription
          and take advantage of the subscriber services libraries
          normally depend upon to help maintain their collections,
          whether dealing through an agency or directly with the
          publisher.  He can take deduct the value of the entire
          donation immediately rather than waiting for the end of
          subscription year after he has handed over the last issue on
          the subscription he paid for a year earlier.

          David (Dave) Fisher
          Head,Acquisitions
          SIO Library
          Scripps Institution of Oceanography
          9500 GILMAN DRIVE DEPT 0175C
          La Jolla,CA 92093-0175

          (619) 534-1221   voice
          (619) 534-5269   FAx

          dfisher@ucsd.edu
-------------------

We have a scientist who is a regular library user and who is
a member of the National Academy of Sciences. He WANTS to
give us his copies of the Proceedings (which he gets free).
We have a paid subscription which could be cancelled. Is
it legal for us to accept his issues as the library copy?
My director is of the opinion that we could take a gift of
back issues, but that it would be illegal (violation of
copyright law) to take issues from his current subscription.
I'm not aware of any text in the journal itself that says not
to give it to a library. I also think that the only
differential pricing NAS does is members (who are elected
as an honor) vs. everyone else.
  Anybody got definite legal information?
Maggie Rioux

*********************************************************************
* Maggie Rioux                   | Email: mrioux@mbl.edu            *
* Information Systems Librarian  | Voice: 508/289-2538              *
* MBL/WHOI Library               | Fax:   508/457-2156              *
* Woods Hole Oceanographic Inst. | Foot:  Clark Lab, Room 135       *
* Woods Hole, MA 02543-1541      |        Quissett Campus, WHOI     *
*********************************************************************

(2)------------------------
Date:         Mon, 16 Sep 1996 13:57:00 -0700
From:         David_Fisher@UCSDLIBRARY.UCSD.EDU
Subject:      Re: Question re accepting gift issues of a serial
Comments: To: mrioux@CORNELIA.WHOI.EDU, SERIALST@UVMVM.UVM.EDU

          Maggie,

          Mea culpa!

          Since your patron doesn't have to pay for the subscription
          copy offered to your library, the advice I just sent you
          concerning patrons supporting gift subscriptions is of
          little relevance here.

          I'd be chary though about accepting monthly gift issues
          provided free by the publisher to a third party to supplant
          a cancelled library subscription. I can't believe the
          publisher wouldn't have covered that fact explicitly with
          your prospective donor, if not within the covers of the
          journal itself.

          Dave Fisher
          SIO Library
          dfisher@ucsd.edu