- August 27, 2008 @ 9:10amebussell says:One page has been torn out of a storybook. Is it legal for us to obtain a copy of the missing page from another copy of the same book and put it in the book, from which it is missing?
- August 27, 2008 @ 1:08pmJanetCroft says:Many libraries, including ours and many other libraries I have worked in, do this as a matter of course on a regular basis. Whole articles get ripped out of print journals all the time, and we bind or tip in replacements. I can't think of any really strong reasons not to do it, though on the other hand I can't think of a strong legal argument FOR it, either! Section 108 (c), which covers replacement of damaged items, really only applies to an entire item, not a page. But it is a standard and widespread practice.
- August 28, 2008 @ 6:26amksmith says:I agree with Janet that this is a fairly common library practice. I think the legal argument for it is fair use. In fact, the Copyright Office itself (in its "factsheet" on fair use) notes that "reproduction by a library of a portion of a work to replace part of a damaged copy" has traditionally been considered a fair use by the courts.
As a practical matter, however, I would ask if the page got torn out due to high usage and if a replacement copy is available for purchase. If the answer to both questions is "yes," I would consider a replacement purchase as the best way to support user needs, even if I decided to also repair the damaged copy as suggested.
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