On Apr 25, 2012, at 1:36 PM, Michael Lindsey wrote:
> A colleague posed an interesting idea: patrons scan book pages to deliver to
> themselves by email, flash drive, etc.
> What if the scans didn't disappear from memory, but went into a repository so
> the next patron looking for that passage didn't have to jockey the flatbed
> scanner?
>
> * Patron scans library barcode at the scanner
> * The system says, "I have these pages available in cache."
> o Patron's project overlaps with the cache and saves time in the
> scanning, or
> o Patron needs different pages, scans them and contributes to the
> cache
>
> Now imagine a consortium of some sort where when the patron scans the
> barcode, the system takes a hop via the ISBN number in the record to reach
> out to a cache developed between a number of libraries.
> I know there are a number of cases where this may not apply, like loose-leaf
> publications in binders that get updated, etc. And I'm sure there are
> discussions around how to handle copyright, fair use, etc.
> Do we as a community already have a similar endeavor in place?
It sounds like a great idea ... but I'm guessing that this is the sort of thing
that Google got in trouble for, as they were storing copies of books. It might
be that as libraries, we have different exemptions from copyright law than I'm
aware of, but I'm looking in Section 108 of Title 17 and I don't think it'd be
allowed, or at the very least would increase the library's liability.
Per 108(g)
(g) The rights of reproduction and distribution under this section
extend to the isolated and unrelated reproduction or distribution of a single
copy or phonorecord of the same material on separate occasions, but do not
extend to cases where the library or archives, or its employee —
(1) is aware or has substantial reason to believe that it is engaging
in the related or concerted reproduction or distribution of multiple copies or
phonorecords of the same material, whether made on one occasion or over a
period of time, and whether intended for aggregate use by one or more
individuals or for separate use by the individual members of a group; or
...
-Joe
