COPING WITH COPYING: HOTALING V. THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS GRANT MEACHAM LIBM 6320 FALL 2011 Copyright Brief

The Case Donna Hotaling publishes a collection of genealogy research on microfiche. The main library of the Mormon Church purchases a copy, then makes duplicates and distributes them to Mormon libraries around the country. Hotaling discovers the duplicates and sues the church. The church orders the copies to be destroyed. It keeps one duplicate for the main library, to replace the original which was accidentally destroyed. Hotaling discovers the duplicate still in the collection at the main Mormon library and sues again, claiming her exclusive right to distribute the work was being violated. Hotaling v. The Church of Jesus Christ of Latter-Day Saints (Hotaling v. The Church of Jesus Christ of Latter-Day Saints, 1997)

The Case, continued The courts rule in favor of the church, stating that no distribution of the work took place. Hotaling appeals to an Appellate Court. The Appellate Court finds in favor of Hotaling, declaring her exclusive right to distribute the work was being violated. Hotaling v. The Church of Jesus Christ of Latter-Day Saints (Hotaling v. The Church of Jesus Christ of Latter-Day Saints, 1997)

The Laws  States that the copyright holder has exclusive rights to do or authorize:  Reproduction of the work in photocopies  Preparation of derivative works based on the copyrighted work  Distribution of copies to the public by sale or transfer of ownership by rental, lease, or lending  First sale doctrine protects from violation, it states:  Legitimately purchased materials can be resold or lent; the owner can do what they wish with the physical copy This is why it is legal to loan (distribute) books and materials through a school library U.S. Copyright Law, Title 17, Sections 106 and 106a (Hollaar, 2002)

Issues Raised  If an item that was legitimately purchased is destroyed can we use a copy for circulation (distribution)?  In what situations can we make legal copies?  What are the ways an item can be considered to have been distributed? What are the legal implications of this?  What exemptions from this law exist for libraries and schools? Questions Raised

How Is the SLMC Affected?  You may not use a copy of a destroyed or lost item for distribution legally. Except:  Where copies are needed to replace a part (ie: a missing or damaged page)  When the whole work is not available to be purchased unused at a reasonable cost  For the preservation or security of unpublished materials (such as a diary or a historical document)  An item can be said to be distributed simply by having it available and in you catalog, where the public can even possibly have the opportunity to access it. Questions Answered (Simpson, 2005)

References Copyright Law of the United States of America §106(3), 17 U.S.C. (1992). Hollaar, L. A. (2002). Digital law online: A bad fit. Retrieved November 3, 2011, from Hollaar, L. A. (2002). Legal protection of digital information. Washington D.C.: Bureau of National Affairs. Hotaling v. Church of Jesus Christ of Latter-Day Saints, 118 F.3d 199 (4 th Cir. 1997) Hotaling v. Church of Jesus Christ of Latter-Day Saints (n.d.). In IT Law Wiki. Retrieved November 3, 2011, from Christ_of_Latter-Day_Saints Law School Case Briefs. (n.d.). Copyright law: Hotaling v Church of Jesus Christ of Latter- Day Saints. Retrieved November 3, 2011, from /hotaling.html New Media Rights Center. (n.d.). A citizen’s legal guide to American copyright law. Retrieved November 3, 2011, from legal_guide_american_copyright_law.htm Simpson, C. (2005). Copyright for schools: A practical guide. Worthington, OH: Linworth Publishing.