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This case concerns the meaning of the phrase
“lawfully made under this title” in Section 109(a). The
Second Circuit ruled that “lawfully made under this
title” means lawfully manufactured in the United
States. But many of the materials in the collections of
U.S. libraries were manufactured overseas. Indeed,
U.S. publishers now print an increasing number of
books in China and other countries with lower labor
costs. Thus, an affirmance of the decision below could
jeopardize the ability of libraries to lend a substantial
part of their collection to the public. In other words,
how this Court interprets the phrase “lawfully made
under this title” could determine the extent to which
libraries can continue to perform their historic function
of lending books and other materials to the
public. Amici library associations respectfully request
the Court to reject the Second Circuit’s interpretation,
and instead hold that copies “lawfully made
under this title” means “copies manufactured with
the lawful authorization of the holder of a work’s U.S.
reproduction and distribution rights.”