Re: Re: complementary copies of text books

I'm curious - Section 109 of the US Copyright Act allows an owner of a particular copy of something to give it away. If a publisher and a professor agree (let's assume they actually agreed - otherwise we'll get into a whole new discussion on whether "complementary copy, not for resale" actually forms a contract), would this be enforceable, since it circumvents copyright law? Or, is this one aspect of copyright ownership which can be held by the owner? My guess is that since it's an exception to the exclusive rights of an owner, then it is not a right at all, e.g., you can't agree to prevent someone from giving it away.

In sum, does the stamp, "complementary copy, not for resale," mean anything? If it forms a contract, will it be enforced? I don't think it actually forms a contact, absent something more. But if it did???

Otherwise, this is no different than any other Section 109 analysis, and we all know a library can lend books.

Thoughts?

Brock

On 8/21/03 2:25 PM, "Robert F. Bodi" <lawlists[_at_]bodi.com> wrote:

> My understanding is that a donation is not a resale, so what is the problem?
> If the publishers have a problem with the donations, they need to go after
> the professors, not the library. Any cause of action would most likely be
> under contract, not copyright, as no copying has occurred, and the donated
> book is an authorized copy. Thus, no infringement.
>
> -Bodi
>
> ----- Original Message -----
> From: "Vicky Tsai" <vicky.tsai[_at_]cpcc.edu>
> To: "CNI-COPYRIGHT -- Copyright & Intellectual Property"
> <CNI-COPYRIGHT[_at_]cni.org>
> Sent: Thursday, August 21, 2003 2:00 PM
> Subject: [CNI-(C)] complementary copies of text books
>
>
> Some of our instructors donate their complementary copies of text books
> from publishers to the library. We are finding some books with the
> words, "Complementary copy, not for resale" print on the cover of the
> books. I'd like to find out if any libraries are putting those books
> on their shelves for public use, and if so, has anyone had complaints or
> "cease and desist" warnings from publishers.
>
>
>
> Vicky Tsai
>
> Librarian
>
> Central Piedmont Community College
Received on Fri Aug 22 2003 - 20:17:56 GMT