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Listening introduction to the test and all 4 parts together. Just for Students. Showing top 8 worksheets in the category - Holt Mcdougal Geometry. One group is the definitions: undefined terms, defined terms, postulates, and theorems.

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David R. Courtney [1]. This paper is about how libraries can legally lend digital copies of books. We write this paper in support of the Position Statement on Controlled Digital Lending , [2] a document endorsed by many libraries, librarians, and legal experts. CDL enables a library to circulate a digitized title in place of a physical one in a controlled manner.

Under this approach, a library may only loan simultaneously the number of copies that it has legitimately acquired, usually through purchase or donation. For example, if a library owns three copies of a title and digitizes one copy, it may use CDL to circulate one digital copy and two print, or three digital copies, or two digital copies and one print; in all cases, it could only circulate the same number of copies that it owned before digitization.

Circulation in any format is controlled so that only one user can use any given copy at a time, for a limited time. Further, CDL systems generally employ appropriate technical measures to prevent users from retaining a permanent copy or distributing additional copies. Thus, CDL would permit circulation of copies equal to those that had been legitimately acquired by the participating libraries.

When the digital copy is being read by a patron, however, the corresponding physical copy is restricted and unavailable for consultation, so there is no situation in which the library is getting use of two copies for the price of one.

A library can lend a physical book to a patron through standard circulation or to another library through interlibrary loan. What CDL does do is shift that lending to a new format that opens up access possibilities for readers with disabilities, physical access limitations, research efficiency needs, or other needs for digitally-accessible content. A CDL system is not a brand-new concept. There are multiple versions of CDL-like systems currently being used in libraries. These partners include large library systems such as the Boston Public Library, to smaller specialized libraries such as the Allen County Public Library, which houses the largest genealogical collection of any public library in the country.

At its core, CDL is about replicating with digital lending the legal and economically significant aspects of physical lending. To do so, we libraries must truly exercise control in the process. The Statement identifies six specific requirements to do so.

It states that for CDL, libraries should:. The first sale doctrine, codified in Section of the Copyright Act , provides that anyone who legally acquires a copyrighted work from the copyright holder receives the right to sell, display, or otherwise dispose of that particular copy, notwithstanding the interests of the copyright owner.

This is how libraries loan books. Controlled digital lending as we conceive it is premised on the idea that libraries can embrace their traditional lending role to the digital environment. For decades, libraries and cultural institutions have sought to provide greater access to their collections with the hope of reaching a broader and more diverse set of readers.

Attempting to clearly answer those questions on a title-by-title basis has proven costly, [14] making full digital access for large numbers of works based on rightsholder permission difficult.

Particularly for books and other published materials for which there was once an active market, libraries have not yet been able to provide broad full-text access online. Many 20th Century books are not available for purchase as new copies in print or as digital versions online. The morass of rights management, combined with the orphan works problem and the ever-increasing copyright length, has made it complicated to see a path forward to broad digital access.

For modern libraries with users whose research and information use patterns mean they look to digital access first, [17] this means that a whole world of research is effectively invisible to a variety of types of users.

For some, the inability to physically travel to a library because of their remote physical location, economic wherewithal, or homebound limitations means that physical lending is not practical. For others, physical access is a matter of great inefficiency in their research and learning. For a large research library, this means holdings of millions of volumes, already purchased at a cost of hundreds of millions of dollars, are not accessible in a format that is more meaningful and easier to use for many researchers today.

For books primarily from the mid th Century, presumptively still protected by copyright, but not currently available in electronic form from their rightsholders, we believe CDL holds significant promise. We also believe the legal rationale for lending these works is among the strongest of all types of works. Others may have identifiable owners, but are in practice neglected, unavailable in the digital marketplace and with no plan for revitalization in modern formats. So, how can libraries provide access?

First, we start with a detailed look at the two fundamental copyright law doctrines that already empower libraries to fulfill their missions: first sale and fair use. Section of the Copyright Act enumerates the basic bundle of rights granted to copyright owners: the exclusive right to control reproduction of the work, public distribution of the work, public performances, public displays, and creation of derivative works.

But, the rights granted in Section are limited by a number of statutory exceptions. Section , the statutory first sale doctrine, is one such provision. Entire industries and enterprises are built upon the first sale doctrine. Libraries were built on it. The first sale doctrine balances the rights of copyright owners to distribute with those of purchasers to dispose of their copies as they wish.

With distribution of physical copies, such as lending a print book to a library user, that framework works well enough. Much of the literature on first sale applied in the digital environment recognizes that library lending raises unique concerns requiring special treatment.

Indeed, several libraries have already engaged in limited CDL for years without issue, indicating perhaps a tacit acknowledgement of the strength of their legal position. We limit our analysis to non-commercial, controlled, digital lending by U. That brings us next to fair use. All are to be explored, and the results weighed together, in light of the purposes of copyright.

The basic concept of applying first sale principles to digital transactions is not new, either as justified under the first sale doctrine alone, as fair use, or through some combination of the two together. The U. ReDigi, LLC , has raised the question of how these doctrines apply to a commercial, digital resale market for mp3s. Again, the literature on digital first sale recognizes that library most likely will require special treatment. And we also believe that these library uses, of all the varying digital uses, are among the most likely to be justified under a fair use rationale.

Several libraries have already engaged in limited CDL for years without issue. Our focus is on these narrow and specialized use by libraries. Again, we limit our analysis to non-commercial, controlled, digital lending by U. In applying fair use, not every factor in the analysis will be highly relevant in every situation. The core concept with CDL is that it closely mimics the economic transaction that Congress has already provided for through the first sale doctrine under Section The purpose of the use with CDL is to fulfill the statutory objectives and balance of rights already identified by Congress in Section , effectuating that balance considering a new technological use not contemplated at the time Section was enacted.

When raised, courts have largely rejected that argument. For example, in Sega Enterprises Ltd. Accolade, Inc. As a matter of copyright policy, the presence of a specific copyright exception or, in some cases, other provisions of federal law provides persuasive evidence of the kinds of purposes that should be favored in the fair use assessment.

While not extensively litigated, a number of cases indicate that this is the right approach, which we review here to give a sense of the strength of this position. In Authors Guild v. Some courts have pointed to broader policy objectives, both within and outside of the copyright act, as influencing the purpose and character analysis.

Bloomberg, L. Indeed, as Bloomberg points out, the SEC has mandated that when American companies disclose this kind of material nonpublic information, they must make it available to the public immediately. See Regulation FD, 17 C. Copyright Office has also cited specific copyright exceptions as positively influencing the fair use assessment.

Those include looking to Section exceptions for interoperability, Section exceptions for nonprofit public performances and teaching, and Section exceptions for computer program adaptation.

For CDL, the purpose of the use is one that intends to mirror the basic purpose of first sale as embodied in Section In Kirtsaeng v. As technology and markets have shifted, libraries employing CDL seek to use technology to hold up that same balance of rights while allowing users to access materials in formats that are most meaningful to them today.

CDL promotes consumer choice in formats and platforms, while avoiding dragging courts into the thicket of restrictions and rights conflicts that would require extensive litigation to resolve.

Under CDL, if one copy is purchased, a library can only lend one copy—either print or physical—out to a user at a time. There are a few cases in the commercial context that come close, however. Those cases are primarily negative, though as we explain below we believe they are distinguishable from CDL applications, and one case is currently on appeal. ReDigi Inc. Upon sale through the ReDigi marketplace, the file would be downloaded to the purchaser and simultaneously deleted from the Cloud Locker.

It did not, however, assess the two provisions together. For fair use, the ReDigi court was fairly dismissive of the purpose factor, focusing almost exclusive on the commerciality of the program. The analysis was brief and considered almost none of the arguments laid out above. In honing in on the commerciality of the use, the court found that the purpose and character of the use weighed against a fair use finding.

For instance, in Wall Data Inc. More recently, in Disney Enterprises, Inc. VidAngel, Inc. For each user, VidAngel would purchase a physical DVD on behalf of the user, which VidAngel then copied, edited and streamed to the user online. VidAngel conceded that its use was commercial, and the court did not consider the use to be transformative. Like with Wall Data , the streams were provided for videos with known copyright owners who themselves license rights to competing streaming services.

One way these cases are distinguished is just that the issue was not raised; except for ReDigi where the issue was only obliquely argued , first sale and the purpose and character assessment were not raised by the litigants or addressed by the court. The argument was not presented. Another, more significant distinguishing factor is that all three cases involved commercial uses, both in the specific application and in connection with a broader, functioning market place for the works used.

This brings us to the second characteristic of CDL that we believe tilts the first factor analysis decidedly in favor of fair use: Libraries engaging in CDL are doing so for non-commercial research and learning purposes. Unlike commercial resale or streaming markets, library use of CDL is non-commercial and designed to promote public benefits by facilitating research and learning. Libraries engaging in CDL, as we envision it, will not generate monetary profit.

Given the costs of digitizing, building and maintaining the technical infrastructure necessary to lending digitally and controlling physical copies, and personnel time used to restrict print copies when its digital equivalent is circulating, libraries may spend considerable sums with no compensation.

To be sure, libraries and their users would stand to benefit from CDL.

Adobe after effects cc 2015 classroom in a book pdf free.A White Paper on Controlled Digital Lending of Library Books

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VidAngel conceded that its use was commercial, and the court did not consider the use to be transformative. Like with Wall Data , the streams were provided for videos with known copyright owners who themselves license rights to competing streaming services. One way these cases are distinguished is just that the issue was not raised; except for ReDigi where the issue was only obliquely argued , first sale and the purpose and character assessment were not raised by the litigants or addressed by the court.

The argument was not presented. Another, more significant distinguishing factor is that all three cases involved commercial uses, both in the specific application and in connection with a broader, functioning market place for the works used.

To be sure, libraries and their users would stand to benefit from CDL. We would not propose it if they did not. But under the CDL model we envision, libraries have already paid the customary price, and CDL limits access to a work to one person at a time.

Further, when 20 th century books are in question, no market has emerged for digital access to the majority of these books, meaning that no digital access would otherwise be possible. Libraries engaging in CDL are doing so to enable broad availability of knowledge for the purpose of promoting research, scholarship and learning.

These are uses specifically mentioned as examples of fair use by Congress in the statute, [78] and are at the core of the constitutional purpose of the copyright system. Library lending is a critical conduit for those activities, which courts have recognized.

For example, in a case before the U. In summary, we view the purpose and character of the use for CDL to be favored because the purpose is aligned with the principles of another statutory exception section , while the use itself is temporary, non-commercial and leading to important public benefits in research and learning. Our goal with this paper is to give libraries and their counsel as complete a view of the law regarding CDL as we can. The first is, despite the strong trend found in the above cases favoring library and educational use, there are a limited number of library fair use cases from which to draw guidance.

These include some cases involving academic or scholarly uses in which courts have held that the first factor did not favor the use. This is a general caution, and could be said for any new application of fair use to library practice.

The second and more considerable point of concern is that CDL is not clearly transformative. In recent years, U. In mass digitization cases involving books— Google Books and HathiTrust , for example—courts have largely focused on how those projects enabled transformative access to information by enabling text search, as well as research uses such as text and data mining. However, even if CDL is not transformative, [87] we believe the purpose and character still strongly weighs in favor of a fair use finding.

The court in Swatch similarly expressed doubts about whether the use was transformative, but nevertheless concluded that the public benefit and information dissemination purposes—aligned as the Court noted with SEC regulatory guidance—was a favored purpose.

HathiTrust is particularly instructive for CDL because like HathiTrust, the use here is aligned with other Congressionally-sanctioned information policies, the use is non-commercial, and it is aimed at opening up access to readers for research and learning purposes.

In cases such as with CDL, where the purpose of the use so well aligns with the overall purposes of the Act, transformative use considerations should not override. Use in those cases risks undercutting the economic incentives that are at the core of the copyright system by allowing others to scoop the initial publication of the work. Similarly, courts have found that use of out-of-print works that are unavailable in the marketplace would tend to weigh in favor of the use under the second factor.

For CDL, application of the second factor in the abstract is difficult. Library collections include a wide variety of works for which CDL may be used, some of which will fare more or less favorably under the second factor. Given the limited usefulness of this factor in the overall fair use assessment, we do not believe the nature of the work should be determinative. Nevertheless, some considerations about the nature of the selected works may be helpful for libraries that seek to bolster their overall fair use assertion.

These considerations may include applying CDL to works that are out of print, either in print or digitally; of a scholarly or scientific nature, as opposed to popular literature or fiction works; compilations of data e. We offer some operational suggestions about these practices in Part IV of this paper.

However, courts have clearly tied the assessment under the third factor to the purpose and character assessment. For CDL, the purpose of the use is to enable full-text access to books, so readers can read them online.

Arguably, that means the entire work is used. However, CDL does place limits on use of the work; it imposes temporal limits on use loans are not indefinite and calls for technological controls on copying that limit further dissemination. These limitations are in many ways similar, for example, to situations in which search engines have been found to have made fair use with low-resolution images.

The fourth fair use factor is tied closely together with the first factor analysis. In conducting the analysis, courts have looked at not only market effects for the particular work in the format used, but also at effects on the much broader set of potential licensing markets that may have been usurped by the use. Courts have acknowledged that examining licensing markets introduces a degree of circularity; in theory the fact that a use was made at all indicates a potential licensing market that the rightsholder could have exploited.

For CDL, the primary reason why the market harm factor weighs in favor of the use is because the market effect of CDL is nearly identical to the market effect already favored under the first sale doctrine. For the works at issue, the controls that CDL requires ensure that the use closely matches the market effect that the rightsholder was already compensated for upon first sale of the book. For example, the Copyright Act does not grant a copyright owner the right to control negative commentary or criticism of its work, [] uses favored under the first factor.

If criticism results in lost sales, is not the type of harm recognized under the fourth fair use factor. The first sale doctrine itself is intended as a limit on the scope of markets that rightsholders can control. Thus, CDL does not negatively affect the market any differently than the uses already permitted by libraries when lending books physically.

A library that owns a single copy of a book could only lend a single copy out at a time. If the digital version is checked out and viewed by a patron, the corresponding physical version must be restricted and controlled e.

Likewise, mimicking the restraints on physical materials in which only one user can typically check out and read a physical book at a time, only one user would be permitted to check out and read the digital book at any given time. From a single transaction standpoint, the library making the CDL use must still have acquired legitimately the book in physical format before lending. What CDL does is allow a change of the format in which that lend is made. When the digital copy is being read by a patron, however, the physical copy is restricted and unavailable for consultation, so there is no situation in which the library is getting use of two copies for the price of one.

Similarly, for the aggregated effect question—what if everyone did it? We acknowledge that these controls do not address the full range of market concerns raised by others. In the context of broader debates about digital first sale, the primary objections raised by rightsholders were related to market disruption.

The two primary collections of these objections are the U. Copyright Office report addressing digital first sale, and a similar and updated U. O report. We address each below. Ultimately, we conclude that none should pose an obstacle to well-designed controlled digital lending system. While we do not believe libraries implementing CDL must respond to these concerns, a conservative CDL system may take these factors into account.

We identify ways to do so in Part IV of this paper. For loans out to patrons in other locations, interlibrary loan adds an additional layer of delay. For digital transactions factors such as time and space no longer act as major impediments to transfer.

The question is, should they, in order to more closely mimic the physical lending environment that exists with print? By its terms, the Copyright Act does not grant rightsholders a right to transactional friction, nor does the Copyright Act freeze in time the historical conditions under which copies are bought and sold or lent.

Amazon has dramatically altered the used book market, removing barriers to the flow of those books. Such advancements have already occurred; advances in interlibrary loan services such as RapidILL and BorrowDirect mean books now move quickly and seamlessly between libraries in dramatically less time than in the s when the Copyright Act was enacted.

But those markets do not belong to the copyright holder. We do acknowledge, however, that the first sale doctrine was developed by the courts and embraced by Congress in the context of a physical environment where transaction costs were high.

With that argument is the implicit suggestion that, like the friction discussed above, degradation was implicitly calculated into the balance of rights Congress arrived at when codifying the first sale doctrine. For one, this argument fails to appreciate that for long-term digital copies do degrade and require significant effort to maintain.

Systems need to be migrated periodically, and platforms updated to interact with current technology. HathiTrust, for example, reports replacing storage hardware every 3—4 years. So, the stored digital copy used for lending does degrade over time and in reaction to use, just in ways that are not entirely analogous to the more gradual and straightforward entropy of the physical book.

Those facts aside, to our knowledge no court has ever tied the application of the first sale doctrine to a required, planned degradation of the format in which the copy exists. Since the first recognition of the first sale doctrine over years ago, the advent of acid-free paper, improved binding technology, media such as microform and magnetic tape and other innovations have extended the life of physical works dramatically.

Driven in part by a lack of market availability, libraries repair, strengthen, and rebind many books in their collections, in large part because replacements cannot be purchased. The idea has no connection to the statutory or judicial development of the rationale for first sale, and it fails to account for how digital storage and transmission do encounter degradation that is consistent with if not more severe than physical degradation.

Finally, the third market-harm concern is that digital distribution raises greatly increased risks of piracy. In its report addressing digital first sale, the U. Courts have taken security concerns seriously. HathiTrust , for example, the Second Circuit gave considerable attention to the security precautions HathiTrust had put into place for the digitized volumes in its collection.

Digital distribution of copyrighted works is exceedingly common. For CDL, we see the risks as no greater than any other digital transaction. Publishers regularly license electronic books for digital distribution without any discernable market premium added to account for the additional risk of impermissible downstream copying.

For libraries, security issues should be taken seriously, which they are by design through the six CDL controls described above. Like the approach taken by HathiTrust, the repository of digital copies must be secured from unintended access.

Going even beyond the HathiTrust case, CDL would require physical access to works be restricted as well, while digital copies are lent. In addition, the files lent must be controlled in some significant way e. Many publishers use and are comfortable with security implemented through systems like Overdrive, or using Adobe Digital Editions. For CDL, the most effective and defensible approach may be to use those very same copy and piracy controls that publishers themselves employ for distribution of their licensed e-book content.

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