Re: textbooks on library reserve

From: Bruce Hayden <bhayden[_at_]copatlaw.com>
Date: Thu, 02 Oct 1997 08:31:02 -0700

Paula Ebbitt <paula_ebbitt/fs/ksg[_at_]ksg.harvard.edu> wrote:
>
> Someone sent in a message to a library circulation listserv today,
> indicating that placing required textbooks on reserve could result in
> lawsuits by publishers. Admittedly I'm not an expert on copyright, but
> I don't think putting textbooks on library reserve would constitute a
> violation of copyright. Am I right or wrong?

I have a hard time believing that putting hard copy books on reserve can be prohibited. The First Sale Doctrine, 17 USC 109, pretty much says that a copyright owner losed control of copies of his work once he has sold them. Note that the above does not probably apply for any soft-copy of books, since by their very nature, additional copies need to be made to read them. Also note 17 USC 108 which gives libraries and archives special rights of reproduction.

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The preceding was not a legal opinion, and is not my employer's.
Original portions Copyright 1997 Bruce E. Hayden,all rights reserved
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Bruce E. Hayden                      bhayden[_at_]acm.org               
Austin, Texas                        bhayden[_at_]copatlaw.com
Received on Thu Oct 02 1997 - 13:34:49 GMT

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