Re: questions

On Thu, 29 Oct 1998, Paula Jewell <pjewell[_at_]fplc.edu> wrote:
>
> On 10/28/98, Jerry Notaro <notaro[_at_]bayflash.stpt.usf.edu> wrote:
> >
> > Beverly Bowles <bbowles[_at_]hshsl.umaryland.edu> wrote:
> > >
> > > Are there any libraries on the list who take the responsibility
> > > of requesting copyright permission from publishers for materials
> > > being placed or reserve or do you delegate this responsibility to
> > > the faculty member or to another group within the library?
> >
> > I am curious. Why would you need permission from anyone to put
> > materials on reserve in a library?
>
> Even libraries must comply. Fair use does not give unlimited use of
> others' copyrighted materials.

I'm not sure how putting an authorized copy -- e.g., a purchased copy -- of a work on reserve in a library implicates copyright issues. I suppose the exclusive distribution right applies to library lending -- but: (i) libraries have carve-outs under Section 108 that allow them to *copy* a work and distribute such copy under certain circumstances, so I would imagine the distribution of a purchased original under the same conditions would be acceptable; and (ii) Section 109(a) lets the owner of an authorized copy of a work dispose of that copy any way it wants to.

Thou shalt not attribute mine opinions to mine employer or anyone else. Thou shalt not consider mine comments to be legal advice.

Daniel J. Schaeffer
<daniel_schaeffer[_at_]kirkland.com> Received on Fri Oct 30 1998 - 13:58:21 GMT