Enjoying “First Sale Doctrine:" An Appreciation of library lending from then to now

Authors

Gwendolyn Sibley, Kansas State UniversityFollow
Michelle Turvey-Welch, Kansas State UniversityFollow
Ryan W. Otto, Kansas State UniversityFollow
Carolyn Jackson, Kansas State UniversityFollow
Scott Kickbusch, Kansas State UniversityFollow

Keywords

First Sale, Interlibrary Loan, eBook Purchasing Models, Library Publishing

Abstract

Libraries have enjoyed the benefits of the first sale doctrine for over 100 years, empowering libraries to lend lawfully purchased physical materials to patrons in their communities. As the information landscape has developed, libraries have moved from lending just physical materials to digital as well. With interlibrary loan (ILL) creating a network of broader lending systems and libraries taking on the challenge of license negotiations, library lending has evolved. Libraries now create and facilitate dissemination of works through library-based publishing and open access initiatives.

This presentation seeks to celebrate the ability of libraries to lend and accentuates the changes that have affected Academic Librarianship over the past 50 years. Participants will learn about law that supports libraries, how collection development has evolved, the resulting shift in interlibrary loan, and how libraries promote the research cycle through library publishing. The presenters hope to start conversations about the state of library lending and the possibility of a future where libraries no longer enjoy first sale.

Creative Commons License

This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.

Recommended Citation

Sibley, Gwendolyn; Turvey-Welch, Michelle; Otto, Ryan W.; Jackson, Carolyn; and Kickbusch, Scott (2025) "Enjoying “First Sale Doctrine:" An Appreciation of library lending from then to now," Kansas Library Association College and University Libraries Section Proceedings: Vol. 15: No. 1. https://doi.org/10.4148/2160-942X.1106

References

Limitations on exclusive rights: Effect of transfer of particular copy or phonorecord, 17 U.S.C § 109. (1978).

Johnson, P. (2018). Fundamentals of collection development and management (4^th ed.). ALA Editions.

Library Publishing Coalition Directory Committee. (2024). Library Publishing Directory. https://librarypublishing.org/lp-directory/

Mellins-Cohen, T. (2024, March 26). Guest Post--Making Sense of Open Access Business Models. The Scholarly Kitchen. https://scholarlykitchen.sspnet.org/2024/03/26/guest-post-making-sense-of-open-access-business-models/

OAPEN Foundation. (2024, November 25). Business models for OA book publishing. OA Books Toolkit. https://oabooks-toolkit.org/business-models-and-funding/business-models/article/10432084-business-models-for-open-access-book-publishing