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



In a message dated 1/10/2008 4:16:51 P.M. Eastern Standard Time,  
doncox@xxxxxxxxxxxxxx writes:

>  
> "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
What about making access to the digital copies available at terminals  within 
the library premises, on a wifi network, where patrons may, with or  without 
permission, be able to download them to their laptops or even  cellphones?
 
Mike Csontos
 






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