[Libs-Or] Harper Collins Issue

[Christina Hanson]

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
>> _____________________________________________________
>> Libs-Or mailing list
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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.
>>
>
>
>
> --
>
> *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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