Re: [ARSCLIST] Libraries, circulation copies and fair use

[John Ross <johnross@xxxxxxxxxxx>]

At  1/8/2008 04:19 PM, Tom Fine wrote:
> I'm asking simply -- can a library ciculate a 
> COPY if their ORIGINAL is out of print, likely 
> to be destroyed by circulation or otherwise hard or impossible to replace.

It doesn't specifically address your question, 
but here's an excerpt from the U.S. Copyright 
Office's Summary of the 1998 Copyright Act 
(http://www.copyright.gov/legislation/dmca.pdf):

"Exemption for Nonprofit Libraries and Archives
Section 404 of the DMCA amends the exemption for 
nonprofit libraries and archives in section 108 
of the Copyright Act to accommodate digital 
technologies and evolving preservation practices. 
Prior to enactment of the DMCA, section 108 
permitted such libraries and archives to make a 
single facsimile (i.e., not digital) copy of a 
work for purposes of preservation or interlibrary 
loan. As amended, section 108 permits up to three 
copies, which may be digital, provided that 
digital copies are not made available to the 
public outside the library premises. In addition, 
the amended section permits such a library or 
archive to copy a work into a new format if the 
original format becomes obsolete?that is, the 
machine or device used to render the work 
perceptible is no longer manufactured or is no 
longer reasonably available in the commercial marketplace."

John Ross