Re: Re: complementary copies of text books

From: Brock Shinen <brock[_at_]frenzellaw.com>
Date: Mon, 25 Aug 2003 15:30:04 -0400

On 8/25/03 8:15 AM, "Keith Tabor" <ket354[_at_]yahoo.com> wrote:

> --- "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

Practically this makes sense - what would a publisher gain from suing the library. Legally, however, I'm not sure it does.

Simply because a publisher is not likely to sue the library over a single book, doesn't mean the library and/or professor have legal rights to do what they're doing.

If the professor is contractually prevented from doing what he did, then is the library really the lawful owner of the book? If the library isn't the lawful owner, does it really have the right to lend the book? If the library is fully aware of the limitations placed by the publisher on the book to the professor, it would have full knowledge of the breach of contract and resulting infringement, wouldn't it? Sure, the publisher may not sue, but that doesn't change the fact that the library's use of the book might still be infringing. The law assumes lawful acquisition of the book.

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