Why do they let libraries hand out copyrighted books for free?

But not let you download a book for free? Say they have the book at a library and in addition to lending it out for free they let you download it. Libraries are paid for by tax payers, if they let people download it would be cheaper and we would save on trees.

Is there any such online library with paid for ebooks in them available for download just as a regular book would be taken out of the library?

It’s complicated, but it has something to do with something called the First-sale doctrine. You can read a decent explanation of it on wikipedia. Basically it boils down to this:
The first-sale doctrine is a limitation on copyright that was recognized by the U.S. Supreme Court in 1908 and subsequently codified in the Copyright Act of 1976, 17 U.S.C. § 109. The doctrine allows the purchaser to transfer (i.e., sell or give away) a particular lawfully made copy of the copyrighted work without permission once it has been obtained. This means that the copyright holder’s rights to control the change of ownership of a particular copy end once that copy is sold, as long as no additional copies are made. This doctrine is also referred to as the "first sale rule" or "exhaustion rule."

……..
With that said, that doesn’t apply to downloading a book because a downloaded copy would constitute an "additional copy." Many libraries do have e-books that you can read online, but you are not able to download it directly on your computer or print out the entire content.

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8 Responses to Why do they let libraries hand out copyrighted books for free?

  1. Mantrid says:

    Books are difficult to copy and can only be read by one person at a time, the license of a book is essentially an agreement between the copyright holder and publisher and says "you may print this text in this book" and the book becomes a tangible good, rather than the per-user or per-seat licenses which apply to software (and other media nowadays).
    The problem with digital books is with Digital Restrictions Management (DRM), which is technology which takes your freedoms away. DRM systems are owned by companies and must be licensed, they are expensive, take over your computer and prevent you from doing things with it. Nobody wants to allow big business to take over their computers and charge them for the privilege.

    However, you can get access to libraries which work in the way you said, but you need to pay for a subscription and install software which takes over your computer.
    References :
    http://www.defectivebydesign.org/

  2. me + books + music = happy says:

    there would have to be a time limit on it and it would only be downloadable once, otherwise you’d be getting a free book, and you only borrow a book from the library, so the charges for late returns would still be payable for an ebook that has expired.

    Good idea tho, it would work if it was monitored correctly.
    References :

  3. MOM KNOWS EVERYTHING says:

    The authors and publishers are still getting paid for their work when a library loans out a book. The library paid for the book. Some public libraries already have an on-line download feature, as long as you are a registered card holder. You can’t eliminate compensation to the authors and publishers, because then no one would write and publish books.
    References :

  4. rarguile says:

    The library pays for the book so the author gets a royalty payment on that sale. The library is able to lend the books out without further payment because they "own" the book. Just as you can lend a book to a friend.
    Downloading is different – like software – you are not permitted to make infinite copies for your friends. That’s why the movie industry doesn’t allow endless downloading of movies.
    References :

  5. Cadburys1995 says:

    Because you don’t buy a book from the library, you borrow it, and then many other people borrow it. If you download it online, you get to keep it;if you borrow it, you have a certain amount of time with the book, then return it. Hope it helps?
    References :
    Please help!?
    http://answers.yahoo.com/question/index;_ylt=AqXH29d.zRXYqhZ6Jcci8Y3sy6IX;_ylv=3?qid=20090521121949AAB4Ctb

  6. Mommato2 says:

    It’s complicated, but it has something to do with something called the First-sale doctrine. You can read a decent explanation of it on wikipedia. Basically it boils down to this:
    The first-sale doctrine is a limitation on copyright that was recognized by the U.S. Supreme Court in 1908 and subsequently codified in the Copyright Act of 1976, 17 U.S.C. § 109. The doctrine allows the purchaser to transfer (i.e., sell or give away) a particular lawfully made copy of the copyrighted work without permission once it has been obtained. This means that the copyright holder’s rights to control the change of ownership of a particular copy end once that copy is sold, as long as no additional copies are made. This doctrine is also referred to as the "first sale rule" or "exhaustion rule."

    ……..
    With that said, that doesn’t apply to downloading a book because a downloaded copy would constitute an "additional copy." Many libraries do have e-books that you can read online, but you are not able to download it directly on your computer or print out the entire content.
    References :

  7. cathrl69 says:

    Well, in the UK, the author is paid a small amount every time a copy of their book is checked out.

    I think some US libraries do give you access to an online copy. I’ve not seen that in the UK.
    References :

  8. redunicorn says:

    Libraries buy the copyrighted books. That is far different than people stealing books online.

    Authors and publishers have bills to pay. If everyone is downloading for free, publishers go out of business and authors are too busy working other jobs to write.

    Here is Meg Cabot’s words on epiracy:
    "But what about the many hard-working people who edited, copy-edited, copy-set, printed, designed, publicized, and did whatever else was necessary to get that book into print? The publishing industry is in big trouble right now, just like all those other industries we hear about on TV every night during the evening news…only no one is bailing the publishing industry out.

    So publishers are having to lay people off, shut down whole divisions, and cancel book contracts. Projects some of us have been working on are being “post-poned indefinitely.” One of my best friends just got laid off from her job last week. And of course, bookstores all over the country are having to shut down due to flagging sales.

    This is just wrong."
    References :
    librarian
    http://www.megcabot.com/diary/?p=681