Out-of-Print Book

A library has a book that is out-of-print and unavailable. The book is an important one in the professor's field that she needs for her research. The professor would like to copy the book for her files. Is this fair use?


Answer

Yes. This is another example of personal use. If one engages in the fair use analysis, one finds that: (1) the purpose of the use is educational versus commercial; (2) the professor is using the book, a creative work, for research purposes; (3) copying the entire book would normally exceed the bounds of fair use, however, since the book is out of print and no longer available from any other source, the copying is acceptable; (4) finally, the copying will have no impact on the market for the book because the book is no longer available from any other source.

  • Last Updated Feb 23, 2023
  • Views 11
  • Answered By Courtney Paddick

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