RE: settling a dispute

[David Thibodeau <David.Thibodeau@gcsu.edu>]

A point for this discussion:  Fair use doesn't apply to works in 
the public domaine or to the copyright owner, it applies solely 
to works that are protected by copyright law.

I caanot see an instance where digitizing an entire original work 
for the purpose of freely circulatimg the title wouldn't violate 
copyright law on all four factors.

Digtizing a book for the purpose of preservation is allowable, 
(it should probable be part of a libraries collection policy, if 
we only had the time...).

________________________________________
From: owner-liblicense-l@lists.yale.edu
[owner-liblicense-l@lists.yale.edu] On Behalf Of David Thibodeau
Sent: Monday, September 28, 2009 6:15 PM
To: liblicense-l@lists.yale.edu
Subject: RE: settling a dispute

It is my understanding that under fair use libraries and archives
are allowed to digitize works for preservation purposes, and also
that we are allowed to make them available on site, (though I
have to admit this seems to go against the first sale doctrine)

Thanks,
David

-----Original Message-----
From: owner-liblicense-l@lists.yale.edu
[mailto:owner-liblicense-l@lists.yale.edu] On Behalf Of Joseph Esposito
Sent: Sunday, September 27, 2009 8:14 PM
To: Liblicense-L@Lists.Yale.Edu
Subject: settling a dispute

I wonder if the listmembers could help to settle a dispute.  The
topic is what constitutes fair use of books in libraries.

It is my view that some members (I don't know what percentage) of
the academic library community believe that educational fair use
covers the digitization of a book owned by the library, that the
digital edition can be put on a Web server, and that the material
can be made available at least to members of the institution
(faculty and students).  Some librarians may also believe that
the server can be accessible to the open Web, as the book was
hosted by an educational institution.

The opposing view is that digitized copies are covered by fair
use only when they are put in a dark archive for preservation
purposes.

The question here is not what is the law (a complex question),
but what do librarians think the law is.

Can anyone offer an opinion?

Thank you.

Joe Esposito