Re: Re: complementary copies of text books

• Original Message ----- From: "Keith Tabor" <ket354[_at_]yahoo.com> To: "CNI-COPYRIGHT -- Copyright & Intellectual Property" <CNI-COPYRIGHT[_at_]cni.org> Sent: Monday, August 25, 2003 11:15 AM Subject: [CNI-(C)] Re: complementary copies of text books

>
> --- "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?

The contract is pretty simple. I give you a book in consideration for you using it in your class and not selling it. There is enough writing to support such a contract, IMHO.

>
> While shrink-wrap licenses may be debatable, I have
> never heard that a stamp on the inside cover of a book
> forms a contract.

Any writing at all can form a contract. Even an oral agreement can form a contract in some situations.

> 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.

As I stated.

> 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.

I agree.

-Bodi Received on Mon Aug 25 2003 - 23:30:04 GMT