Another Section 108 question

From: Laureen C. Urquiaga <Laurie_Urquiaga[_at_]byu.edu>
Date: Fri, 13 Mar 1998 12:18:06 -0700

I am a librarian with a new assignment to inaugurate a copyright permissions office, and so I am often asked questions about copyright issues.

I have a question about 108(e)... are there any guidelines or cases indicating what constitutes a "reasonable investigation" or a "fair price?" The Library's Copy Center is drafting a new policy document regarding patron requests for copies of entire works.

On the first question, if we search _Books in Print_ to insure that the work in question IS out-of-print, and then search the catalogs of the out-of-print and second-hand bookdealers with which we have regular contact (upwards of a dozen dealers), could that be defended as a reasonable search?

And what is a "fair price?" Obviously, someone with a pristine copy of a Gutenberg Bible could probably ask any price they wanted. But what about, say, an obscure work of fiction published in the 1940s or 1950s? Would 10 times the original value be considered a fair price? What about 20 or 50 times the original value? Assume that there is not a great demand for this particular work. Is there a general rule (or range) for fair pricing that could be included in such a policy?

TIA for any insight into these questions.

Laureen C. Urquiaga HBLL Copyright / Electronic Publications Officer

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Digital Imaging Department                          Laureen_Urquiaga[_at_]byu.edu

Harold B. Lee Library
Brigham Young University

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Received on Fri Mar 13 1998 - 19:11:55 GMT