Re: copyright expiration as a spur to creativity

Robert Cumbow <cumbr[_at_]perkinscoie.com> wrote:
>
> I wonder about an alternative scheme: If a copyright owner decides to
> take a previously-published work out of print, he does not lose his
> copyright, but he does lose the right to obtain damages for infringement
> of the work during the time it is unavailable. In other words, making
> an unauthorized copy (for personal use, not commercial distribution) of
> a book that is out of print and otherwise unavailable would be deemed a
> fair use. Comments, anyone?

OK, I may be wrong, but isn't this already allowed by Section 108e of the Copyright Law? If I want a copy of a book, and I make a reasonable search to locate a copy but there is none to be had ... what is to prevent me from having my local library make a photocopy of the book (whether part of their collection or obtained through ILL)? I'm not relying on fair use here, but the library's explicitly authorized right of reproduction.

Laureen C. Urquiaga
Hunter Law Library, Brigham Young University urquiagal[_at_]lawgate.byu.edu Received on Tue Jul 28 1998 - 16:52:11 GMT