[Publib] audiobooks and legality question
Dusty Gres
gresd at ohoopeelibrary.org
Fri Jun 26 10:52:21 EDT 2009
According to Circular 21, US Copyright Office, Reproduction of Copyrighted
Works by Educators and Librarians
http://www.copyright.gov/circs/circ21.pdf
D. Reproduction by Librarians and Archives
108. Limitations on exclusive rights (c) The right of reproduction under
this section applies
to a copy or phonorecord of a published work duplicated in
facsimile form solely for the purpose of replacement of a
copy or phonorecord that is damaged, deteriorating, lost,
or stolen, if the library or archives has, after a reasonable
effort, determined that an unused replacement cannot be
obtained at a fair price. (pg. 12)
I'm not an attorney, and it is always best to consult one when in doubt, but
I should think that the important line would be: "if the library or archives
has, after a reasonable effort, determined that an unused replacement cannot
be obtained at a fair price."
Dusty Gres
Director
Ohoopee Regional Library System
610 Jackson Street
Vidalia, GA 30474
http://www.ohoopeelibrary.org
"Common sense and a sense of humor are the same thing, moving at different
speeds.
A sense of humor is just common sense, dancing."
William James
_____
From: publib-bounces at webjunction.org [mailto:publib-bounces at webjunction.org]
On Behalf Of George Hazelton
Sent: Friday, June 26, 2009 10:23 AM
To: 'Sue Kamm'; 'Joshua J. Carlson'; publib at webjunction.org
Subject: RE: [Publib] audiobooks and legality question
Let me guess . this person was selling a product competing with Playaways?
Ms. Kamm is right, consult an attorney, but I'd guess that the average
attorney isn't well versed on copyright law.
(Note new phone numbers)
George Hazelton
Assistant Director
Henry County Public Library System
1001 Florence McGarity Pkwy
McDonough, GA 30252
Phone: 678-432-5353
FAX: 678-432-6153
email: grhazelton at mail.henry.public.lib.ga.us
_____
From: publib-bounces at webjunction.org [mailto:publib-bounces at webjunction.org]
On Behalf Of Sue Kamm
Sent: Friday, June 26, 2009 10:11 AM
To: Joshua J. Carlson; publib at webjunction.org
Subject: Re: [Publib] audiobooks and legality question
Where did your sales rep go to law school? And is s/he a member of your
state's bar? If the answer to those questions mean s/he isn't a lawyer,
then you need to consult your library's attorney. Lawyers are paid the big
bucks to advise clients on legal issues.
-----Original Message-----
From: "Joshua J. Carlson"
Sent: Jun 26, 2009 6:52 AM
To: publib at webjunction.org
Subject: [Publib] audiobooks and legality question
Your friendly CyberGoddess and Councilor-at-large,
Sue Kamm
Inglewood/Los Angeles, CA
Truest of the Blue, Los Angeles Dodgers Think Blue Week 2000
Visit my blog: http://suekamm.blogspot.com
email: suekamm [at] mindspring.com
"It's time for Dodger baseball!"
--Vin Scully
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