What are copyright restrictions on out-of-print books? Can I scan the book and post it in Blackboard Learn for my class?
Answer
As a general rule, works published in the United States remain covered by copyright protection until 70 years after the death of the author, even if those works have become out-of-print. Due to changes in copyright law, there are many exceptions to this general rule. When copyright protection expires, works fall into the public domain and can be used freely by anyone. While they remain under copyright, they can only be used with permission of the copyright holder or under a valid claim of Fair Use. One way to achieve permission is to use an electronic version purchased by the university through the library or another unit. As long as an "out-of-print" work is under copyright, you can only use it in Blackboard under those terms.
Short of talking to legal counsel, it is the best option available for getting advice about the Fair Use options for a particular intended use.
To pursue electronic access through the library, please contact the library about the particular work.
If you are considering a work that was published outside the United States, the situation is much more complicated. Golan v. Holder, a 2012 ruling upheld a law that gave copyright protection to millions of foreign works. Therefore, for foreign works, it may be best for now to assume that post-1800 works are covered by copyright.
TIP: Determining whether a work is in the public domain (and therefore available for use without the need for a license) is often a difficult task. It is important to remember that material that may have once been in the public domain is not necessarily still in the public domain today.