Re: [ARSCLIST] long range file storage

[Karl Miller <lyaa071@xxxxxxxxxxxxxxxxx>]

On Wed, 10 Aug 2005, Steven Smolian wrote:

> I recall concerns being raised about this issue in a presentation to MLA
> about buildings on diferent parts of the Indiana University campus.  Theirs
> was a "one building" rule at the time.  I don't know if has been altered
> subsequently.

While I am not an attorney, as far as I know, the one location rule
states...as per the revisions to Section 108.

"Limitations on exclusive rights: 108 (b)
(2) any such copy or phonorecord that is reproduced in digital format is
not otherwise distributed in that format and is not made available to the
public in that format outside the premises of the library or archives."

Curiously, I believe one library can distribute to another library an analog
form of that recording  (within guidelines)...but...

If that is not problematic enough...

However, while this has not, to my knowledge, been tested in the library
setting, the changes to the law could be read to suggest that the Doctrine of
First Sale might not apply to electronic works...of course, then one has to
address the question of what is an electronic work? Is the electronic
transmission of an LP an electronic work? No doubt this is getting in too deep,
but that seems to be what the law is all about these days.

Further, the new law does not allow libraries to distribute (I guess it
depends on how one defines "distribute") digitized versions of materials
(unpublished, out of print, etc.).

And then there is my favorite...

"(f) Nothing in this section

(1) shall be construed to impose liability for copyright infringement upon
a library or archives or its employees for the unsupervised use of
reproducing equipment located on its premises: Provided, That such
equipment displays a notice that the making of a copy may be subject to
the copyright law;

(2) excuses a person who uses such reproducing equipment or who requests a
copy or phonorecord under subsection (d) from liability for copyright
infringement for any such act, or for any later use of such copy or
phonorecord, if it exceeds fair use as provided by section 107;"

I am reminded of the old American Express Credit card commercial..."don't
leave home without it." There are times I think the same can be said about
your legal advisor..."don't leave home without one."

Karl