Owning and Using Scholarship
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Copyright and other types of laws regulating intellectual property create an increasing concern for contemporary scholarship. The digital environment has created exciting new opportunities and possibilities for scholars to work and distribute their work. But these new opportunities also create issues that did not arise in the analog world.
Libraries are creatures of the historical and statutory balance in copyright law. Libraries lend materials based on the First Sale doctrine. Libraries share materials and preserve works under specific provisions for libraries in the Act. Libraries are often the only entities that provide access to the vast majority of copyrighted works that lose market vitality long before the expiration of the copyrights, and are often the only entities that preserve public domain materials. Libraries enable users to access copyrighted and public domain works and to exercise their rights under the exceptions and limitations to creators' rights in the law. The creation of new intellectual property building on the old is stimulated as a result of the existence of libraries. Libraries are places where the public and the proprietary meet. The multiple roles of libraries as social organizations address the balance in the law, and are shaped by it.*
* From "Libraries as Creatures of Copyright: Why Librarians Care about Intellectual Property and Policy." Carol Henderson, American Library Association. http://www.ala.org/advocacy/copyright/copyrightarticle/librariescreatures
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