[Libs-Or] Harper Collins Issue

Tue Mar 8 13:09:47 PST 2011

Mary Minow and Thomas Lipinski give an easy-to-understand explanation of
"first sale doctrine" in *The Library's Legal Answer Book*.  I have a desk
copy of the 2003 edition and turn to it frequently.   I understand that they
are in the process of a revision but don't think it is yet available.  If
you'd like more information, I'd recommend this source.

We do have a circulating copy in the Multnomah County Library collection and
I'm sure other library's have it as well.

Cindy
*Cindy Gibbon*
Senior Library Manager
Access and IT Services
Multnomah County Library
*Voice:*  503.988.5496
*Fax:*  503.988.5441
cindyg at multcolib.org

On Mon, Mar 7, 2011 at 1:57 PM, Christina Hanson <hanson.cris at gmail.com>wrote:

> My understanding of the issue:
>
> Libraries (non-profit) are able to lend copyrighted works to their patrons
> under the "first sale" doctrine (since 1908) of US copyright law.  See
> section 109 of chapter 1 of US Copyright Law (
> http://www.copyright.gov/title17/92chap1.html#109).  This applies to any
> copy (usually meaning a physical copy) purchased or acquired from the
> copyright holder that is a lawfully-produced copy of the copyrighted work.
>
> Digital mediums and computer software, which do not have a "physical" copy
> have been complicating the application of the first sale doctrine, since
> producers/distributors may sell the consumer (an individual or an
> institution) a "license" to use that work, rather than sell them the work
> itself.  The courts and the US copyright office are teasing out how the laws
> currently on the books apply in the digital age.
>
> Works purchased by libraries and lent to patrons are still bound by all the
> usual copyright restrictions- in-home/personal use, no reproduction,
> non-commercial use/ etc.  Hence, why libraries must secure "public
> performance" rights if they want to publicly screen a DVD that they may own
> in their collection.
>
> Hope this helps.
>
> Cheers,
>
> Christina Hanson, MLIS
> Beaverton City Library
>
>
>
>
> On Mon, Mar 7, 2011 at 1:39 PM, Diedre Conkling <diedre08 at gmail.com>wrote:
>
>> I am not really going to try to answer this question other than to say
>> that we don't really have contracts for books, CD's, DVD's, and audiobooks.
>> We purchase the item and supply it for circulation.
>>
>> We have contracts or licenses for showing DVD's and for access to
>> databases.
>>
>> There has been a lot of discussion about ebooks and HarperCollins on the
>> PUBLIB discussion group.  Anyone can read the discussion in the archive
>> found at http://lists.webjunction.org/wjlists/publib/.  It might be
>> easiest to click on the Threads option and look for related subject
>> headings.  It is also possible to do a search of the list.
>>
>> On Mon, Mar 7, 2011 at 11:42 AM, Jerry Curry <jerry.w.curry at state.or.us>wrote:
>>
>>> Hello libs-or folks,
>>>
>>> I am forwarding the message below for a reader, but non-subscriber, to
>>> libs-or. Thus she cannot post but should be able to read responses.  -Jerry
>>>
>>> From: cylist at mac.com
>>>
>>> What are the contract arrangements commonly used for library copies of
>>> music CDs, movie DVDs, and audio books?
>>>
>>> from a non-librarian reader of the list, apparently not able to post
>>> (that's okay!)
>>> Cynthia Cheney
>>> Ruch, OR
>>> Friends of Ruch Library
>>>
>>> -----------------------------------------------------------------
>>> Jerry Curry
>>> Information Specialist - Oregon State Library
>>> jerry.w.curry at state.or.us
>>> Desk Phone: 503-378-5008
>>> Reference Line: 503-378-8800
>>> Fax: 503-588-7119
>>>
>>> Check out our databases & services at:
>>> http://library.state.or.us
>>> ------------------------------------------------------------------
>>>
>>> -----Original Message-----
>>> From: mailman-bounces at listsmart.osl.state.or.us [mailto:
>>> mailman-bounces at listsmart.osl.state.or.us] On Behalf Of cylist at mac.com
>>> Sent: Saturday, March 05, 2011 10:26 AM
>>> To: libs-or-owner at listsmart.osl.state.or.us
>>> Subject: Harper Collins Issue
>>>
>>> What are the contract arrangements commonly used for library copies of
>>> music CDs, movie DVDs, and audio books?
>>>
>>> from a non-librarian reader of the list, apparently not able to post
>>> (that's okay!)
>>> Cynthia Cheney
>>> Ruch, OR
>>> Friends of Ruch Library
>>> _____________________________________________________
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>>> Technical questions? Call 503-378-8800.
>>>
>>
>>
>>
>> --
>>
>> *Diedre Conkling**
>> Lincoln County Library District
>> P.O. Box 2027
>> Newport, OR 97365
>> Phone & Fax: 541-265-3066
>> Work email**: **diedre at lincolncolibrarydist.org*<diedre at lincolncolibrarydist.org>
>> *
>> Home email: **diedre08 at gmail.com* <diedre08 at gmail.com>
>>
>>
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>> Questions related to message content should be directed to list owner(s)
>> or the sender of the message, by phone or email.
>> Technical questions? Call 503-378-8800.
>>
>>
>
> _____________________________________________________
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> Hosted by the Oregon State Library. The Library is not responsible for
> content.
> Questions related to message content should be directed to list owner(s) or
> the sender of the message, by phone or email.
> Technical questions? Call 503-378-8800.
>
>
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