Has increased the popularity of e-books, as libraries across the country have established virtual stack. New York Public Library's website, patrons can check out audio books and e-books are downloaded directly to temporarily item without ever stepping inside a physical library or mobile devices to your computer. "As our readers are online, our goods online dollars are going to" Christopher Platt, New York Public Library for the circulating collection operations director, told The New York Times (1). American Library Association estimates that two out of every three libraries now offer e-books.
But a recent decision by Harper 'can slow the growth of digital library collections. Publisher announced this month that the new e-books for the libraries it sells for a credit limit will be set. Under the new policy, Harper 26 times after an e-book is checked out, it will self-destruct. Limited to simple wear and tear that provide a digital equivalent, over time, paper books to eliminate causes.
Ban raises interesting copyright issues. In the U.S., is to libraries what is known as a result are able to borrow books as "right of first sale." The legal theory of a copyrighted work or a special trip buyer resell it without permission from the copyright holder to lend, so long as no additional copies are made allows. Once I book, CD or DVD bought a copy, as I do with it is mine.
This theory is quite clear when applied to physical objects, MP3 files or e-books that exist only as bits of digital information such as "objects" is more complicated. In response to file sharing sites, the digital content to try to apply the principle of first sale, the copyright holders to put the emphasis on content licensed was transmitted digitally rather than sold. Because there was never any real sales that they claimed the first sale rights do not apply and they, as a result, how the material was used could exercise more control over. End user license agreement is designed to convince customers that although they paid money to get a product they were buying actually, nothing seemed to be requiring. E-books to a "limited right to use the library to express, HarperCollins essentially is claiming, that their licensed software programs like e-books, rather than sold.
"Fair use doctrine of how copyrighted works can be provided more information. It applies less directly to the library e-books, because it is mainly a replica of portions of copyrighted works for the working individual copies instead of using applied. but the idea of what constitutes copyright infringement gives some useful general guidelines. "fair use," individuals and examine whether a particular use is fair or not this court, according to the law are instructed to consider "the potential for market access, or influence the value of the copyrighted work."
Unlimited access to library e-books publishers undercut its sales will argue. If e-books easy to "check out" any time they are available for free, anxiety, customers less time to click the "buy" rather than caused "borrow." Harper said in a statement about its new policy, "We have serious concerns that our previous e-book policy, eternal selling e-books for libraries, if left unchanged, the emerging e-book ecosystem , increasing E will hurt the weak, the book channel, place additional pressure on physical bookstores, eventually decrease in book sales and royalties paid to authors led to. and "(2)
While existing case law has changed, I am inclined to trust him regardless of possible consequences for publishers, "the right of first sale applies.
But I doubt libraries will sue the winning point. The "right of first sale of the copyrighted material protects buyers, there is no" right to first sale. "E-books sold to libraries hurts their profits, the publishers simply refuse to trade with the libraries are free. In fact, Simon & Schuster and Macmillan, two of the largest U.S. trade publisher, Currently that is not right.
Just as libraries and publishers depend on the publisher for a large portion of our sales are dependent on libraries. Libraries for the sale of a publisher's total revenue can account for 7 to 9 percent, two major publishers told The New York Times. Like it or not, publishers and libraries are closed in respect of mutual dependence.
