If you’re reading this, it’s likely that you’ve been talking with a friend and they’ve been enthusiastic about something they’ve watched, or heard, or read and they’ve offered to lend you the video tape, DVD, record, audio tape, CD, or book. The First sale doctrine or Right of first sale allows your friend to loan or sell a purchased copyrighted work.[1]
It’s quite likely you’ve watched or listened to their media on their equipment — watched a DVD, listened to an album. With recent movies on DVD, there is a clear statement that this sort of sharing is to be private, not a public performance. In the music world, if you’re a public space like a coffee house, you need to acquire the public performance rights (most “easily” through ASCAP or BMI).
So, from experience, it would seem that loaning an ipod with music on it or a Kindle with books on it should be the same as loaning a vcr player and video tapes (something i remember an academic library being willing to do in my past). That’s what Howe Library in Hanover, NH thought. Library Journal reports mixed feedback from Amazon when discussing certain issues with Amazon: is it permitted or not? LJ cites the “the potential ambiguity of the Terms of Service, which bar a user who wishes to “sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any rights to the Digital Content or any portion of it to any third party.””
This brings up one of the threads from the end on of the last Plenary panel session at JCDL 2009: Gretchen Hoffman’s questions of licensed content vs copyright, about how contract law on top of the copyright basis creates ambiguous terms of service and the problem of too many different rules and individuals not knowing when they’re doing something unreasonable.
[1] Wikipedia adds the note, “The doctrine of first sale does not include renting and leasing phonorecords and certain types of computer software, although private nonprofit archives and libraries are allowed to lend these items if a notice that the work may be copyrighted is on the copy.”
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