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ERIC Number: EJ907245
Record Type: Journal
Publication Date: 2010-Dec
Pages: 4
Abstractor: ERIC
Reference Count: N/A
ISBN: N/A
ISSN: ISSN-1041-7915
First Sale Rights: Autodesk, Redbox, and the Future of Libraries
Liston, Samuel
Computers in Libraries, v30 n10 p17-20 Dec 2010
The first sale doctrine says that after a copyright holder first sells a copy of his or her work, the new owner may do whatever he or she pleases with that copy (assuming that use is legal). This concept came up through common law and was eventually codified in the Copyright Act of 1976. In 2010, two cases were working their way through the U.S. court system. What these particular cases had in common was this: They involved the right of first sale--the legal structure that allows libraries to lend copyrighted works such as books. One of these cases was "Vernor v. Autodesk, Inc." (09-35969). (The ALA felt the "Vernor" case was important enough that it filed an amicus brief in support of the plaintiff, Timothy Vernor.) At the same time "Vernor" was being argued, video vending giant Redbox was in the midst of a legal scuffle with major movie studios over first sale rights. Taken together, these seemingly unrelated legal battles have significant future implications for libraries--and some immediate implications as well. In this article, the author stresses the need to work to get legislation passed that protects libraries' right to lend. Because the future of the institution depends on it.
Information Today, Inc. 143 Old Marlton Pike, Medford, NJ 08055-8750. Tel: 800-300-9868; Tel: 609-654-6266; Fax: 609-654-4309; e-mail: custserv@infotoday.com; Web site: http://infotoday.com
Publication Type: Journal Articles; Reports - Descriptive
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Copyright Law 1976; Digital Millennium Copyright Act 1998