I recently received a question at the Lillie M. Evans Library about the possibility of patrons donating e-books to our collection. While we love the fact that patrons want to donate their books to us when they are through, it's not possible to donate e-books at this time. Why not?
Carrie Russell, of theAmerican Library Association’s Washington Office, said this:
"Ebooks cannot be donated because their use is governed by contract rather than the copyright law. Under the copyright law, there are exceptions that allow a user to exercise a right of copyright under certain circumstances. One of the exclusive rights of copyright is the “right to distribute.” But first sale says that once a person lawfully acquires a work that person has the right to distribute that particular copy anyway that he wants. So libraries can lend the books that they purchase, and you can donate books to the library.
With ebooks, the contract defines what you can or cannot do with a work. In general, contracts for ebooks you acquire – from iBooks, for example –have a non-negotiable license linked to the work. This is when you click on an “I agree to these terms” button. You are bound by the contract. If you read the contract, generally you will see terms that restrict what you can do. “Non-commercial personal use only” is the kind of language that prevents you from donating. If you violate the contract terms, you violate the license agreement, not copyright law."
More information about this issue can be found at:
http://americanlibrariesmagazine.org/ask-ala-librarian/donating-ebooks
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