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ARSCLIB  July 2019

ARSCLIB July 2019

Subject:

Re: Evaluating Digital Music for Library Collections

From:

Kathleen DeLaurenti <[log in to unmask]>

Reply-To:

ARSC Library and Archives Discussion List <[log in to unmask]>

Date:

Tue, 9 Jul 2019 20:25:33 -0400

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (59 lines)

Hi David -

I think a few parts of copyright law are getting a little bit confused here.

The ReDigi case would only have bearing on digital content that is sold
under a EULA that governs it's re-sale. If you purchased this material
under that kind of license, then in the US, that would complicate any
transfer to a collection.

All works being handled in the US would fall under US law for the purpose
of transferring to a collection; we don't have a contract override
provision in our laws, so any EULAs governing the content that claim US
jurisdiction would apply. It sounds like the material you are dealing with
is clearly copyrighted, which is where Berne comes into play here.

I am afraid I can't offer any advice on the appraisal of the content. It
sounds like a wonderful collection! Best of luck!

Kathleen DeLaurenti
Peabody Institute

On Fri, Jul 5, 2019 at 7:16 PM David MacFadyen <[log in to unmask]>
wrote:

> I have a three-part question, grounded in the complexities of assigning
> any *financial* worth to digital music collections.
>
> I’m a professor at UCLA, and have—over several decades—aggregated / edited
> a collection of Russian/East European tracks that numbers something like
> 2.5million in total, on all kinds of formats.
> I will donate this to a library or museum; I have no intention of selling
> anything.
>
> However...!
> When it comes to any possible financial evaluation or assessment that’s
> needed by a US library, at least three issues arise.
>
> 1. Does the recent Redigi case before the Supreme Court now mean that
> digital music archives may not be assigned any fiscal worth?
> https://www.digitalmusicnews.com/2019/03/06/redigi-v-capitol-supreme-court/
>
> 2. Does anybody have experience in the evaluation of digital music prior
> to a donation? I’ve done plenty of research myself, but find lots of
> diverse, if not contradictory opinions online.
>
> 3. This is all from Russia, where piracy is so bad, a good deal of music
> is distributed for free. It helps to promote live shows. Nonetheless, even
> if we’re dealing with countless amateur and underground works that were
> never for sale, is there an inherent copyright complication in assigning
> them monetary value prior to the same donation?
>
> Russia and the US *should* observe the Berne Convention in identical ways.
> They, of course, do no such thing.
>
> Thanks!
> David (MacFadyen)
> Los Angeles
>

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