[Libs-Or] Harper Collins Issue

Tue Mar 8 13:18:04 PST 2011

The Oregon State Library also has a copy of the 2003 edition of The Library's Legal Answer Book.

If you would like to request it or other materials from OSL, please use your library's established interlibrary loan process or send your full name, the name of your library, complete title information, shipping address, and a phone number to the document delivery department at library.request at state.or.us<mailto:library.request at state.or.us> or (fax) 503-588-7119.  Items will be checked out to your library, not to you personally, for 4 weeks (print materials) or 2 weeks (videos).  Materials will be delivered via mail or Orbis Cascade Alliance Courier, and you may return them the same way.

FYI,
Jen

Jennifer Maurer
School Library Consultant
Library Development
Oregon State Library
250 Winter Street NE
Salem, OR  97301-3950
503-378-5011
jennifer.maurer at state.or.us<mailto:jennifer.maurer at state.or.us>

To receive the latest news about OSLIS<http://www.oslis.org/>, sign up for the listserv, OSLIST<http://listsmart.osl.state.or.us/mailman/listinfo/oslist>.

From: libs-or-bounces at listsmart.osl.state.or.us [mailto:libs-or-bounces at listsmart.osl.state.or.us] On Behalf Of Cindy Gibbon
Sent: Tuesday, March 08, 2011 1:10 PM
To: Christina Hanson
Cc: libs-or; cylist at mac.com
Subject: Re: [Libs-Or] Harper Collins Issue

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<mailto:cindyg at multcolib.org>

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

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Jerry Curry
Information Specialist - Oregon State Library
jerry.w.curry at state.or.us<mailto: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:
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-----Original Message-----
From: mailman-bounces at listsmart.osl.state.or.us<mailto:mailman-bounces at listsmart.osl.state.or.us> [mailto:mailman-bounces at listsmart.osl.state.or.us<mailto:mailman-bounces at listsmart.osl.state.or.us>] On Behalf Of cylist at mac.com<mailto:cylist at mac.com>
Sent: Saturday, March 05, 2011 10:26 AM
To: libs-or-owner at listsmart.osl.state.or.us<mailto: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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Diedre Conkling
Lincoln County Library District
P.O. Box 2027
Newport, OR 97365
Phone & Fax: 541-265-3066
Work email: diedre at lincolncolibrarydist.org<mailto:diedre at lincolncolibrarydist.org>
Home email: diedre08 at gmail.com<mailto:diedre08 at gmail.com>

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