Re: Re: complementary copies of text books

I would think that the issue is whether the professor is really the "owner" of the individual work. I would think that the contract might be written to give some type of "loaner" right to the professor, and thus the true owner is still the publisher.

-Bodi
----- Original Message -----
From: "Brock Shinen" <brock[_at_]frenzellaw.com> To: "CNI-COPYRIGHT -- Copyright & Intellectual Property" <CNI-COPYRIGHT[_at_]cni.org>
Sent: Friday, August 22, 2003 12:17 PM
Subject: [CNI-(C)] 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
>
>
>
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<https://mail2.cni.org/Lists/CNI-COPYRIGHT/>. Received on Fri Aug 22 2003 - 23:37:24 GMT