Re: use of electronic materials

To add to Mary Jensen's response to Trotter Hardy, I think it is relevant that electronic materials are commonly not sold but licensed. The statutory compromises embodied in the 1976 Act, particularly with respect to the activities of libraries, assume that materials will be sold and that the rights given in Section 109 apply. This will clearly not be true in the case of electronic materials.

I believe that the technology has moved so far from the situation that obtained when the statute was passed that a review is necessary. At least in the library arena, I think we need a new equivalent of CONTU.

Nick Finke
Visiting Assistant Professor
University of Cincinnati College of Law
finkend[_at_]ucbeh.san.uc.edu
(513) 556-0103 FAX (513) 556-6265 Received on Thu Sep 23 1993 - 13:27:59 GMT