Page:The librarian's copyright companion, by James S. Heller, Paul Hellyer, Benjamin J. Keele, 2012.djvu/106

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The Librarian’s Copyright Companion

Under 108(e), however, Library A must be unable to find either a new or used copy. The library, therefore, must contact both new and used dealers.

Example 1
Ronald Kornblow,[1] a professor of hotel management, finds out that the International Journal of Hospitality Management recently published a symposium issue devoted to managing hotels in Islamic countries. He asks the library to photocopy every article from that issue for him.

Comment: You cannot do this under 108(e). You could, of course, tell the professor that he may keep the library’s issue, and then order another issue for the library. The professor will love you, he will love the library, and he will support you when the library wants something really important, like $100,000 to replace its fraying carpeting. If you cannot afford to purchase another issue, check out the issue to the professor and give him plenty of time to read it.

Example 2
Professor Spaulding wants to read a book published in 1983 on architectural ruins in North Africa. You borrow the book from another library, and when it needs to be returned the professor tells you it is the best book he ever read on that topic and he wants to purchase a copy. Unfortunately, the book is out of print. You contact numerous new and used book dealers, but none have the book, nor can they locate one.

Comment: Under these circumstances, you may copy the entire book for the professor under 108(e).

Example 3
Same fact pattern as Example 2, except that an electronic version of the book is available for purchase from Google Books.

Comment: It doesn’t matter whether the copy available for purchase is print or electronic. If it’s available, the library can’t copy it. Professor Spaulding will have to buy a copy from Google Books.

  1. From A Night in Casablanca (Loma Vista Productions 1946).