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  • Many vendors are selling eReaders (Nook, Kindle, Sony) to schools & libraries. They are also selling content for those eReaders (literature). The schools & libraries are then circulating the devices & content to students/patrons. Under what provision are schools and libraries doing this since there does not seem to licensing verbage to allow the loaning/distribution of devices and content, even though the vendors are marketing to these organizations?

    Is if First Sale?

    Thank you.
  • Libraries who are lending eReaders (with content loaded) are doing so under the license which allowed them to download the content to that particular eReader. There is no reproduction of the content (i.e., borrowers are not downloading the content to their own devices).

    The question of whether or not the distribution of the eReaders is fair use (section 107) or is infringement (section 106) is not clear, but in my opinion, I believe that this would fall under fair use.

    I don't believe that First Sale comes into play, because the content is usually licensed, not sold.

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