Under what set of circumstances can a library lawfully grant or deny permission to use an image from its holdings?

If the library does not hold the copyright to the images in its collections, under what legal authority is it providing reproductions of that image to others? 108? (nope) 107?

• What does the fair use argument look like when the library charges a user more for the copy than cost-recovery?

• Assuming that a price differential between nonprofit uses and commercial uses is lawful, what is the library's rationale for the different prices? Is this rationale consistent with well-established library values such as freedom of access to information and broad dissemination of works?

If the library does not own the intellectual property or copyright to its holdings, is it appropriate or fair for libraries to charge permission or licensing fees even when the proposed use is commercial?

Our permission letters or forms are often purposely weak and include murky statements, such as "We have no objection . . ." and "in as far as we have any rights." Are such "permission" letters providing false assurances to naive researchers? If the library does not own the intellectual property or copyright to its holdings, should we issue anything that appears to sanction the use of copyright-protected materials?