First Sale Doctrine

The library has been discussing new ways to handle our discards. A senior staff member of a very significant local library told us recently that they donate their discards to the Internet Archive.

Because it would muddy the core element of this question (Should we have any concerns with donating our discards to [Internet Archive]?), this answer is not going to address the various legal and regulatory requirements different libraries may have when it comes to disposing of discarded books.[1]

Our library is always seeking ways to promote literacy, exercise, and park visits with community partners. One proposal we received was to take some books apart, laminate the separate pages, and mount them on display posts throughout a park, creating a moving, learning experience. 

A “Path Through Learning!”  This sounds like a really cool idea. 

The member is right, though: to put this cool idea into effect as described, a library would need the permission of the copyright holder.

It’s hard to believe, but liability is just a rip and a lamination away.

Why is that? 

I have been reading the legal arguments undergirding the Controlled Digital Lending initiative (controlleddigitallending.org).

This is a great and important question, and it rests on an critical issue. 

With that in mind, before you delve into this answer, I encourage readers of “Ask the Lawyer!” to check out the CDL “Statement” on www.controlleddigitallending.org/statement.

[Small break.]

Question 1

Two questions about a creative use of resources!  Truly a joy to behold.  Unfortunately, this is one of those questions where I have to be a killjoy.