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

[Don Cox <doncox@xxxxxxxxxxxxxx>]

On 09/01/08, John Ross wrote:
> 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, 

I think that part does address the question. The copies must stay within
the library's premises.


> 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 
Regards
-- 
Don Cox
doncox@xxxxxxxxxxxxxx