[Web4lib] Kindle Lending

[Laura Krier]

Thinking through how making digital copies of our own books might
legally fall under copyright: Tim mentions that digital copies are
superior to the original in that they don't get old, can be used
anywhere, etc. I actually am not sure it's that straightforward.

Digital copies DO get old, and in fact, in terms of preservation, are
generally understood to be inferior to print books. A great deal of
attention has to be paid on a day-to-day basis to all those digital
copies to ensure the formats stay usable, the bits and bytes don't
degrade, and medium on which their stored stays relevant and
accessible. They aren't the same, as in exact copies, but I wouldn't
say they're superior.

We can create digital copies that mimic print copies in how they are
used in library contexts: They can only be used by one person at a
time, they are loaned for particular periods and should be returned or
renewed, etc. I think there are a lot of people (to be honest, myself
included) who thinks that's a bummer option, and that it would be nice
to take advantage of the benefits of digital, but from a legal
standpoint, I think we'd have a better chance if we made files that
mimic our current lending models.

I guess my main point, though, is that we really should be talking
about how we can make the growth of ereaders work for us, instead of
bemoaning that we've been left out of the distribution channels, or
that current ebooks services are problematic, or trying to shoehorn
existing ebook services into our service models.

Just my $0.02.

Laura

On Thu, Oct 28, 2010 at 12:48 AM, Tim Spalding <tim at librarything.com> wrote:

>
> Frankly, I don't think it will hold up. Copyright is quite literally
> the right to make copies. Making copies that are superior to the
> original--ie., don't get old, can be used anywhere, etc.--is going to
> fail the standard legal tests. If Congress wanted to allow libraries
> to lend physical books out by making them digital, they would have to
> write a law for it.
>
>

-- 
Laura Krier

http://www.lauraek.net
http://kitchenilliterate.wordpress.com