Legality issue

[Culley]

I didn't know where to post this question, so here it is.

I saw this posted in another thread: "Just as librarians can't make "backups" of CDs or DVDs, neither can you."

I was just hoping for some more info on this as I'm an archivist in a library in th U.S. Only recently have we come across DVDs and CDs. Most of our information is still analog (VHS, reel-to-reel, cassette) and paper.

We are legally allowed to make one backup copy of paper and analog materials for "archival" purposes.

However, is there some separate legislation regarding digital (CDs and DVDs) that we should be aware of?

Thank you.

[sacajaweeda]

SEC. 404. EXEMPTION FOR LIBRARIES AND ARCHIVES.

Section 108 of title 17, United States Code, is amended--

(1) in subsection (a)--

(A) by striking `Notwithstanding' and inserting `Except as otherwise provided in this title and notwithstanding';

(B) by inserting after `no more than one copy or phonorecord of a work' the following: `, except as provided in subsections (b) and (c)'; and

(C) in paragraph (3) by inserting after `copyright' the following: `that appears on the copy or phonorecord that is reproduced under the provisions of this section, or includes a legend stating that the work may be protected by copyright if no such notice can be found on the copy or phonorecord that is reproduced under the provisions of this section';

(2) in subsection (b)--

(A) by striking `a copy or phonorecord' and inserting `three copies or phonorecords';

(B) by striking `in facsimile form'; and

(C) by striking `if the copy or phonorecord reproduced is currently in the collections of the library or archives.' and inserting `if--

`(1) the copy or phonorecord reproduced is currently in the collections of the library or archives; and

`(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.'; and

(3) in subsection (c)--

(A) by striking `a copy or phonorecord' and inserting `three copies or phonorecords';

(B) by striking `in facsimile form';

(C) by inserting `or if the existing format in which the work is stored has become obsolete,' after `stolen,';

(D) by striking `if the library or archives has, after a reasonable effort, determined that an unused replacement cannot be obtained at a fair price.' and inserting `if--

`(1) the library or archives has, after a reasonable effort, determined that an unused replacement cannot be obtained at a fair price; and

`(2) any such copy or phonorecord that is reproduced in digital format is not made available to the public in that format outside the premises of the library or archives in lawful possession of such copy.'; and

(E) by adding at the end the following:

`For purposes of this subsection, a format shall be considered obsolete if the machine or device necessary to render perceptible a work stored in that format is no longer manufactured or is no longer reasonably available in the commercial marketplace.'.

http://www.eff.org/IP/DMCA/hr2281_dmca_law_19981020_pl105-304.html

HTH

[ZAPPER]

I don't have any legal authority to answer your question. But I would like to offer an opinion and some advice that I heard from someone in a similar spot. "Don't do anything that you even think may be illegal at work without your superior putting it in ink first." He is a part time librarian with a few degrees to boot. I tried to talk to him about the subject but the conversation kept drifting.(I don't know if he made it drift because it was a touchy subject or he didn't really care.) He also said something to the effect that archives aren't locked away for ever and that people use them all the time, just under tighter control. So actually two of the same work could be in use at the same time I guess, which isn't supposed to happen with single use copyrights. He said that very few libraies actually make true back-ups. That most of their material is supplied through a bureaucracy so twisted that he can't really explain it to me or from donations that sometimes screw up the first system. But just look at the line of people at the bank of government supplied copy machines right by the front desk. It seems to me to be a grey area of the law. I liken it to gun permits. Technicaly you shouldn't need one but life can go alot easier when you show it to a cop. I think that these laws are there to keep honest people honest and to put you in your place if you go to far. The moral of this little story COVER YOUR ASS

[Culley]

Yeah, that's basically what I thought.

Legally, we're allowed to make analog and paper copies to be kept in the archives for archival purposes. That is, we can't legally make copies of items under copyright for distribution to the public.

A lot of this is rather strange, however. For instance, an individual is allowed to make one photocopy of an item for personal use, but not multiple copies.

Thanks for the info, I'll pass it along to the director.

[Supreme2k]

You misunderstood (or mis-read) my post.

I was saying that librarians can't copy DVDs and CDs to take home and keep for their personal entertainment. It is perfectly alright for the library institution to archive their material. Just as it is not okay for the video store owner or his employees to copy DVDs and take them home for personl viewing.

[Culley]

That's what I thought you meant, but I just wanted to follow up.