An instructor calls the library wanting to donate their copy of a particular text book. This book was given to the instructor by the publisher. Can the library accept this item?
Book donations are what keep many libraries afloat – if it was not for donations, many library’s collections would be lacking considerably. But the question is what really can the library take? Are there limitations on what gifts a library can accept?
Like any other business, there are limitations on gifts. Many companies are no longer able to accept free dinners or golf outings from sales reps and even individuals who work with patients (such as assisted living centers) are not able to accept gifts from residents. So, what is a library’s gift cap?
The First Sale Doctrine (section 109) may help provide an answer. According to the Copyright Clearance Center’s Copyright Basics page, just because someone has purchased a book or was given a book does not make that individual the copyright owner. Though a library may own a copy of a book (or the book was donated to them), the library does not have full copyright of that book - the original owner still does. Even if a library is not the owner of the copyright, the library is still allowed to lend the book – or throw the book away.
What I found interesting with the First Sale Doctrine is section b-1-A, which list strict guidelines in what you can (and cannot) do with a computer program.
By this, if Santa gave me TurboFLOORPLAN for Christmas, can I throw it way?
What do you think?
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