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Frequently Asked Questions (FAQs) concerning Availiability in a Public Library
Q: Is the export or reexport of information subject to the EAR if it is available in a library and sold through an electronic or print service?
A: Electronic and print services for the distribution of information may be relatively expensive in the marketplace because of the value vendors add in retrieving and organizing information in a useful way. If such information is also available in a library itself accessible to the public or has been published in any way, that information is "publicly available" for those reasons, and the information itself continues not to be subject to the EAR even though you access the information through an electronic or print service for which you or your employer pay a substantial fee.
Q: Is the export or reexport of information subject to the EAR if the information is available in an electronic form in a library at no charge to the library patron?
A: Information available in an electronic form at no charge to the library patron in a library accessible to the public is information publicly available even though the library pays a substantial subscription fee for the electronic retrieval service.
Q: Is the export or reexport of information subject to the EAR if the information is available in a library and sold for more than the cost of reproduction and distribution?
A: Information from books, magazines, dissertations, papers, electronic data bases, and other information available in a library that is accessible to the public is not subject to the EAR. This is true even if you purchase such a book at more than the cost of reproduction and distribution. In other words, such information is "publicly available" even though the author makes a profit on your particular purchase for the inherent value of the information. |
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