04-04-2012 05:40 PM
I admit confusion, re: copyright/non-profit/charging for articles.
Regarding fees for document delivery and/or literature searches:
1) How does this violate copyright and/or contracts? I don't see anything that addresses this in my contracts or in copyright law/guidelines.
2) Why does being "non-profit" matter? Non-profit organizations still produce revenue, although there are rules they must follow.
I realize these are probably two of the most ambiguous concepts out there and interpretation varies.
Mollie W. Titus, MLIS
Librarian & Information Specialist
Self Regional Healthcare (SCUGRW)
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Greenwood, SC 29646
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From: hls-list- [mailto:hls-list-] On Behalf Of Roth, Karen
Sent: Tuesday, April 03, 2012 3:58 PM
Subject: [Hls-list] Charging physicians
I wasn't going to add, but I think there's one possibility we're overlooking. If the library charges for document delivery and/or lit searches and other items, the library will no longer be a not for profit. I spoke with a lawyer many years ago about charging and he categorically stated that, as part of a non-profit community hospital, we could not do this without being in violation of copyright. Also, the contract(s) you have with database vendors would probably be null and void. You will probably also be dropped from Docline because you will also be a total borrower and never a lender.
If you are just passing the costs directly along, how will you pay for your salary? Is the hospital going to charge you rent for the space?
You might think about doing this as an independent contractor rather than an employee of the hospital. That would be less legal hassle, for one. Probably more profitable for you, for another. (Contracting with the hospital is what I will probably do in a few years, if they choose not to hire a librarian after I retire. It would be less FTEs for the hospital and pay better for me.)
Karen L. Roth, MBA, MLS, AHIP
Manager, Medical Library
Morton Plant Mease Health Care
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