First Sale Doctrine and ILL

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  • Through interlibrary loan, an Australian library has requested to borrow a book. Since this book is only 48 pages, I would like to take the easy road (i.e. lazy and cheap) and send the pages electronically (scan the book pages and send via email, Ariel, etc.).

    Since our library owns this book, would this practice be covered under the First Sale Doctrine? Or since I am essentially creating another copy of the book, a violation of copyright?

    I am assuming the latter, but was hoping that if I instruct the borrowing library that this copy cannot be added to their collection and must be destroyed after use, it may be legal.


  • This would be a violation of copyright. The first sale does not allow you to copy the entire book--it only entitles you to give away or dispose of the copy that you own, not make another.

    The 'easy way out' under copyright law--probably never happen!
  • Yeah, I had a feeling it wasn't legal...

    But since I get easily confused with copyright law, I had to make sure...

    thanks for the feedback!


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