Georgia on fair use and excessive pricing

by James Packard Love

This is an interesting opinion.

Department of Law, State of Georgia, UNOFFICIAL OPINION. The Scope of the Fair Use Doctrine, 17 USC §107, for making copies for classroom use, for teachers who make copies for research and scholarship, and the potential liability of teachers, librarians and employees of non-profit institutions for exceeding the parameters of fair use. (February 14, 1996), Michael J. Bowers, Attorney General. .

. . . Such factors include whether or not the work is available. The work may be unavailable, for example, because it is out of print or because of excessive price. Under 17 U.S.C. § 108, Limitation on exclusive rights: Reproduction by libraries and archives, the rights of reproduction apply to the entire work if it is determined "on the basis of reasonable investigation, that a copy or phonorecord of the copyrighted work cannot be obtained at a fair price . . . ." 17 U.S.C. § 108(e) (emphasis added)." . . ..

See also Limitations on exclusive rights: Reproduction by libraries and archives, 17 USC § 108 (c), which also refers to a "fair price."

(c) The right of reproduction under this section applies to three copies or phonorecords of a published work duplicated solely for the purpose of replacement of a copy or phonorecord that is damaged, deteriorating, lost, or stolen, or if the existing format in which the work is stored has become obsolete, if—

(1) the library or archives has, after a reasonable effort, determined that an unused replacement cannot be obtained at a fair price; and

(2) any such copy or phonorecord that is reproduced in digital format is not made available to the public in that format outside the premises of the library or archives in lawful possession of such copy.