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Donated Discards and Copyright

The library has been discussing new ways to handle our discards. A senior staff member of a very significant local library told us recently that they donate their discards to the Internet Archive. A staff member here expressed concerns with IA scanning and making publicly available on their website copyrighted materials, and concern for liability on our part for contributing to potentially illegal activity. The staff member wondered if only materials free from copyright concerns should be donated. At this point we are not looking to create a digital library as IA has done for many organizations, but just simply to donate the material for them to use as they see fit in hopes of the material being used for the greater good. Should we have any concerns with donating our discards to IA? Thanks for helping us sort-out this concern.