"(1) the library or archives has, after a reasonable effort, determined
that an unused replacement cannot be obtained at a fair price; and"
This would presumably take a used copy (being sold under the first sale
doctrine) out of consideration when determining fair price.
George.
George Abbott
Syracuse University Library
Syracuse, NY 13244
V: 315.443.2438
F: 315.443.9510
E: glabbott@syr.edu
>>> brewerm@u.library.arizona.edu 1/25/2005 1:41:46 PM >>>
Another interesting issue is that with the sale of used items the
copyright
holder is not being paid for the secondary sale of the item, so there
is no
potential loss of income to the holder of the copyright (and this is
who the
law, I think, is intended to protect). I wonder if, from a legal point
of
view, this would impact on our discussion. I am totally in the dark on
this
one.
mb
Michael Brewer
Slavic Studies, German Studies & Media Arts Librarian
University of Arizona Library A210
1510 E. University
P.O. Box 210055
Tucson, AZ 85721
Voice: 520.307.2771
Fax: 520.621.9733
brewerm@u.library.arizona.edu <mailto:brewerm@u.library.arizona.edu>
_______________________________________________
Videolib mailing list
Videolib@library.berkeley.edu
http://www.lib.berkeley.edu/mailman/listinfo/videolib