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
> "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
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