RE: [Videolib] Preservation/Security copies (again)

George Abbott (Glabbott@syr.edu)
Tue, 25 Jan 2005 16:39:58 -0500

Interesting indeed and an issue I had not thought about. The law
states..

"(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>

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