Re: Re: complementary copies of text books

From: Keith Tabor <ket354[_at_]yahoo.com>
Date: Mon, 25 Aug 2003 11:15:02 -0400

• "Robert F. Bodi" <lawlists[_at_]bodi.com> wrote:
  > 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
  

I agree from an issue spotting perspective, but where is the contract?

While shrink-wrap licenses may be debatable, I have never heard that a stamp on the inside cover of a book forms a contract. Maybe there was more in the letter accompanying the book, but the issue is not between the library and the publisher, the issue is between the prof and the publisher.

 I don't see a real risk associated with the library's acceptance of such copies because the existance of a contract is questionable and the library is not the party to any contract that may be found. Worst case, the library has to remove the copy.

keith

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