Re: for-profit libraries

Lile Lolly, I'm not aware of any non-profit libraries that have changed their practices in light of Texaco. However, because it is the library that is making the copy their is potential liability for infringement if the copying isn't permitted under the Act or the CONTU Guidelines. Most libraries require attestation from the requesting library that the request meets the requirements of the Act or the Guidelines. When the request is from an individual (rather than from another library) such attestation typically is lacking. However, so long as the library has a good faith belief that the copying is permissible (i.e., a fair use or allowable under sec. 108) there should be no problems with the library providing the copy. Where some libraries draw the line is if the request comes from a forprofit  document delivery company -- in such circumstances the library knows that the copy is being made for direct "for-profit" purposes. However, that the request comes from people in for-profit organizations (such as from an attorney in a law firm or a for-profit corporation) who do not directly profit from the copying generally are filled.

Jim Heller

> Date: Wed, 22 Sep 93 19:52:06 -0400
> Reply-to: mail!@wmvm1.cc.wm.edu:cni-copyright[_at_]cni.org
> From: @wmvm1.cc.wm.edu:bjones[_at_]sinkhole.unf.edu
> To: Multiple recipients of list <cni-copyright[_at_]cni.org>
> Subject: Re: for-profit libraries
>
> I understand how this is true when it is a library to library transaction.
> Might the transaction be tainted if the individual requestor did the
> requesting directly or if the individual requestor is one your library's
> patrons (and was requesting the copy to further his/her profit-making
> activities or the employer pays the bill)?
>
> Bob Jones, UNF Library
> Jacksonville, FL
> --------------------------------------------------------
> On Tue, 21 Sep 1993, Laura N Gasaway wrote:
>
> > Leslie,
> > I do not know of any library in the not for profit
> > sector that has changed its ILL practices as a result of
> > Texaco. If the library in the for-profit sector is liable
> > for royalties for such ILL copies receive, it is their
> > responsibility to pay them and not the lending library that
> > does it as a part of normal ILL.
> > Lolly Gasaway, Director of the Law Lib. & Prof. of Law
> > Univ. North Carolina
Received on Mon Sep 27 1993 - 20:05:41 GMT