The purchases of these title(s) by the library constitutes a sale, not a license.

• Contract language: With respect to a Particular Copy of a given Digital Work, a transfer of rights in such Copy that are substantially equivalent to the rights such Permitted Library would have in a physical print copy (e.g., a paperback or hard cover book) of the applicable literary work purchased by such Permitted Library under the first sale doctrine, codified at 17 U.S.C. § 109….

With this purchase, the library has the right to:

• lend the Copy to one End User at a time,
• share the Copy to any other library that is part of a consortium or cooperative,
• display or perform, or permit the display or performance of, such Particular Copy on one personal computer or hand-held device at a time,
• host, or have another individual or entity Host, such Digital Work on behalf of such Library Customer,
• reproduce the source code or object code encoding such Digital Work as necessary to transfer such Particular Copy from one piece of hardware (including, without limitation, a server, computer, or hand-held device) to another piece of hardware, and
• prepare derivative works of the source code or object code encoding such Digital Work as necessary to change the format of such Digital Work (collectively, the “First Sale Rights”).

The library has the right to request that the file be transferred to the library or a new host. DPLA will fulfill this transfer so long as DPLA has a reasonable good faith belief that such individual or entity will be able and willing to comply with the obligations set forth in the sales agreement, namely host the file in a secure environment protected by industry standard DRM.

• Contract language: Palace Marketplace may transfer responsibility for Hosting any Digital Work, a Particular Copy of which has been Sold to a Library Customer under this Agreement, to such Library Customer or to another individual or entity selected by such Library Customer, but only if DPLA has a reasonable good faith belief that such individual or entity will be able and willing to comply with the obligations set forth in Sections 3.A through 3.I. with respect to such Digital Work. Without limiting the foregoing, Publisher agrees that Palace Marketplace may transfer responsibility for Hosting a Digital Work to an individual or entity that (a) has been approved by Publisher, (b) already hosts other digital works published by (i) Publisher or (ii) another publisher that, in the most recent full calendar year, had sales revenue that was the same as or greater than Publisher’s sales revenue in such calendar year, or (c) signs an agreement with Publisher or DPLA obligating such individual or entity to comply with obligations substantially similar to those set forth in Sections 3.A through 3.I with respect to the Digital Works Hosted by such individual or entity.

Read more about the ownerships model and frequently asked questions