________________________________
 From: Mason Vander Lugt <ma




________________________________
 From: Mason Vander Lugt <[log in to unmask]>
To: [log in to unmask] 
Sent: Tuesday, July 2, 2013 3:26 PM
Subject: Re: [ARSCLIST] Folk Music in America
 

|I have never seen any case-law that says a 
library can't circulate a CDR as long as they hold the original CD.

I'm a librarian. The right to circulate a 'preservation' copy (under
specific conditions) is probably my favorite part of the copyright code
(Section 108) :)

http://www.law.cornell.edu/uscode/text/17/108

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I am reminded of when I hired as a record librarian at the University of Texas...over 30 years ago. The library thought nothing of making a tape of every record it had purchased and circulating the tape and not the record. I pointed out that the practice was against the law. I believe, if you were to read the entire statement in the US Code, you will find that it is still against the law, whether it be a tape copy or a CDR.

Interestingly, the library had just built a control room which was staffed with individuals who did nothing more than make tape copies of LPs acquired by the library. They had invested thousands of dollars in the facility...including a dozen OTARI 5050's which were, as I recall, not cheap! Not to mention Otari playback decks in the carrels, racks in the control room, etc. Interestingly the library made 2 track copies of the discs and the music faculty had 1/4 machines in their classrooms and offices. So the faculty then would have to get "special permission" to check out the discs to use them in class. The entire operation of taping cost the library many times more than the cost of each record. They could have spent the money and bought several copies of the same disc, plus, the faculty hated using the tapes...and to identify each track on the tape, the technician would place a piece of splicing tape...not inserting splices separating the selections,
 but stuck on the tape so it would protrude from the packed tape. Needless to say, every time you played the tape, the "marker" would come off, or, even worse, get caught in the tape guides. 

I believed it was illegal...and stupid. I refused to supervise the staff doing the taping. From that time on I was a labeled a "trouble maker." Eventually the Office of General Counsel at the University sided with me much to the embarrassment  of the library administration. So the "trouble maker" label stuck. 

Karl (and people wonder why I had trouble with library administrators)