About Me
- Shawna Gambol Woodard
- Librarian - book lover - grammar police. My favorite books feature a group on a noble quest. This is usually in a fantasy book, but sometimes historical fiction or science fiction.
07 July 2012
Absurd Ruling
http://www.publishersweekly.com/pw/by-topic/digital/copyright/article/52874-in-supreme-court-filing-libraries-say-decision-in-wiley-suit-threatens-lending-rights.html#comments
It is libraries’ inability to acquire and lend e-books that has grabbed the headlines, but according to an amicus brief filed with the Supreme Court on July 3, libraries’ ability to lend print books is also under threat. The brief, filed in connection with the case Kirtsaeng v. Wiley & Sons challenges a 2011 Second Circuit Court of Appeals decision holding that the doctrine of first sale, the provision in the Copyright Act that allows any purchaser of a legal copy of a book or other copyrighted work to sell or lend that copy, applies only to copies manufactured in the United States. If left to stand, the library community says the ruling could strip libraries of their first-sale right to lend copies of works made abroad.
In its brief, the Library Copyright Alliance, a coalition of three major library groups (ALA, ARL, and the ACRL) asks the Supreme Court to reverse the Second Circuit, and apply first-sale doctrine to all copies “manufactured with the lawful authorization of the holder of a work’s US copyright.”
In a recent interview with PW, lawyer Jonthan Band, who authored the LCA brief, said a ruling upholding the Second Circuit’s interpretation of First Sale would be “a blow to the heart of the library enterprise,” because it would mean libraries conceivably could not lend books that were printed abroad. “Not only books from foreign publishers,” Band explained, “but American-published books that are merely printed overseas.” The LCA brief notes that a significant portion of U.S. library collections consist of resources that were manufactured overseas, and more than 200 million books in U.S. libraries have foreign publishers.
The Supreme Court case stems from a ruling in John Wiley & Sons, Inc. v. Supap Kirtsaeng, in which Kirtsaeng, a Thai-born U.S. student was successfully sued by Wiley for importing and reselling foreign editions of Wiley textbooks made for exclusive sale abroad, in the U.S. market. In its verdict, a three-judge panel of the Second Circuit affirmed by a 2-1 margin that Kirtsaeng “could not avail himself of the first sale doctrine,” because language in the statute says that products must be “lawfully made.” The court ruled that those two words—“lawfully made”—limits First Sale "specifically and exclusively to works that are made in territories in which the Copyright Act is law, and not to foreign-manufactured works."
That verdict was the second recent decision effectively limiting the First Sale doctrine. In December, 2010, the Supreme Court deadlocked 4-4 (with Justice Elena Kagan abstaining) in the case of Costco Wholesale Corporation v. Omega, S.A., the net effect of which was to affirm a Ninth Circuit Court of Appeals decision that enjoined big-box store Costco from selling copyrighted, foreign-made Omega watches, authorized for sale only in foreign territories, in the U.S. market. Because the Supreme Court deadlocked, however, the Ninth Circuit ruling is non-binding on other circuits.
However, "the Second Circuit’s decision is actually worse than the Ninth Circuit’s decision in Costco," explained Band in a blog post because the Ninth Circuit ruled that First Sale still applied to a foreign manufactured copy if it was imported “with the authority of the U.S. copyright owner.” In other words, if a library bought a book in the U.S. from a U.S. publisher, and that book happened to be printed in China, a library under the Ninth Circuit interpretation would have the right under First Sale to lend that book. “Unfortunately, the Second Circuit rejected this exception as not having a foundation in the First Sale Doctrine language,” Band notes.
In the LCA brief, the library groups acknowledge that libraries could likely still assert the right to lend foreign-manufactured books based on other, more limited exceptions in the Copyright Act, such as "fair use or implied license," but it is "far from certain" that libraries could "always assert those defenses successfully." More likely, the uncertainty the Second Circuit interpretation would create for libraries could deter many libraries from lending materials in question. "While most copyright owners probably would not sue a library for lending a lawfully acquired copy of a foreign printed book," Band acknowledged, "libraries will not engage in conduct that is technically unlawful just because there is a low probability of litigation."
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The Declaration of Independence:
“That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it”.
I do not consent to this absurd judgment. How would a publisher like Scholastic survive without having libraries buy its books? These judges need to be removed from office!
Shawna
02 July 2012
28 April 2012
Sleeping Beauty
Sleeping Beauty
by
Mercedes Lackey
adult fantasy/romance
This is #5 in the 500 Kingdoms Series
1.The Fairy Godmother (2004)
2.One Good Knight (2006)
3.Fortune's Fool (2007)
4.The Snow Queen (2008)
5.The Sleeping Beauty (2010)
6.Beauty and the Werewolf (June[17] 2011)
The tale starts off with a princess whose mother has died. Then it moves into Sleeping Beauty and Snow White mode. The princess flees to the woods and finds 7 dwarves. Later, she falls asleep due to poison and has to be resurrected by magic. A number of homeless, penniless princes woo her, hoping to be next in line to the throne of her wealthy kingdom. Throw in some Norse mythology, a few heroic challenges, and there is big fun!
I recommend this series to women and their teenage daughters looking for a lighthearted read. The romance is mild and gentle. Generally there are longing looks and that is about it - not even kissing until the end. Some men and teen boys may find the adventure and fantasy appealing as well. The publisher is Luna Books, a division of Harlequin.
12 April 2012
What's Wrong with My Hair?
What's Wrong with My Hair?
by
Satoshi Kitamura
children's fiction ages 2-7
board book
This book is silly, silly fun! A lion is getting ready for a party, but is having trouble managing his mane. With the help of a hairdressing giraffe he will be the life of the party. They try out all kinds of creative and elaborate styles, but which one will be the winner? Find out for yourself by reading this outrageous board book.
Extra bonus feature - you can try on the lion's hairstyles yourself by holding the book up to your face. I had fun with three children doing this. On the back cover is a suggestion for an art project.
I recommend this for storytimes, bedtimes, and as a gift for your favorite cosmetologist. It would be a good book to have in a hair salon waiting room.
Road to Oz: Twists, Turns, Bumps, and Triumphs in the Life of L. Frank Baum
Road to Oz: Twists, Turns, Bumps, and Triumphs in the Life of L. Frank Baum
by
Kathleen Krull and Kevin Hawkes
biography for children grades 2 - 5
L. Frank Baum was a dreamer and failed at quite a number of ventures before becoming one of the bestselling authors in American history with his series of Oz books.
I suppose this is an okay book for students writing reports, but I found nothing distinguishing about the writing. The illustrator, on the other hand, Kevin Hawkes did a great job with his illustrations. Some are single color (green ink) and others are full color. He must have studied the works of W. W. Denslow, the first Oz artist, but he does not reproduce Denslow's style exactly. I will read more Kevin Hawkes' children's books based on his treatment of this one.
I appreciate the list of Baum Oz Books in the back and the works cited.
If the reader is into Oz at all, I recommend watching "The Dreamer of Oz", a made for television movie with John Ritter as Baum.
I wonder why the author and publisher decided to name this book "The Road to Oz". There is a different book written by L. Frank Baum named "The Road to Oz" so these will forever be confusing to patrons looking in library catalogs by title.
22 March 2012
Kishka for Koppel
Kishka for Koppel
by
Aubrey Davis and Sheldon Cohen
children's fiction
fairy tale, fantasy, ages 2-7
In a Yiddith variation of the "Three Wishes" tale, Koppel and his wife, Yetta, are poor people who get by with collecting junk and fixing it up or reselling it. One day Koppel finds a wish-granting meat grinder. What will Koppel and Yetta wish for? The first thing the hungry couple wish for is some kishka. For those of you who did NOT grow up near Cleveland listening to "Who Stole the Keeshka? This is the song I have been humming ever since seeing the title of this book:
http://www.youtube.com/watch?v=Au_jJmsfdMs
Keeshka or kishka is Polish sausage. Jews would not use pork, however, to make this, but beef, lamb, or some other meat.
Anyway, if you think that asking for kishka is funny, just wait and see what happens next! This is a silly tale, but warm-hearted.
I would recommend this for libraries serving a population heavy in Eastern European or Jewish immigrants.
22 February 2012
10 January 2012
03 January 2012
Congratulations, Ready Player One by Ernest Cline!
http://www.readyplayerone.com/post/15247107897/ready-player-one-tops-several-best-books-of-2011-lists?ref=nf
- #1 on Amazon’s list of the Best Science Fiction & Fantasy Books of 2011
-#1 on Wired’s Best of 2011 list
-#1 on Barnes & Noble’s list of the Best Science Fiction Novels of 2011
-#1 on Hudson Booksellers list of the Best Fiction of 2011
-#2 Science Fiction Novel of the Year on Goodreads
-#6 on io9’s list of the Best Science Fiction and Fantasy Books of 2011
-#9 on Entertainment Weekly’s Best Novels of 2011
-#10 on Apple’s Best Science Fiction/Fantasy Books of the Year
-Library Journal selected RPO as one of their Librarian’s Best Books of 2011
-The Onion A.V. Club selected RPO as one of “The Best Books We Read in 2011”
-Ready Player One is Audible’s Highest Rated Audio Book of the Year
-Author Ernest Cline ranked #29 on USA Today’s Top 100 People of 2011 List
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