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Re: copyright question-duplcation for loan
Take a look at Section 108(c) of the copyright law. A good source
for the law is
http://www4.law.cornell.edu/uscode/17/108.html.
That section governs reproduction for preservation, and it says that a
"published work duplicated solely for the purpose of replacement of
a copy or phonorecord that is damaged, deteriorating, lost, or stolen, or
if the existing format in which the work is stored has become
obsolete." As I read this, if you lose the copy, then you can
get a replacement copy made. You would still have to first make
sure that you can't buy another one form the vendor.
You might be able to justify a fair use defense for making the
copy if you knew that you were loaning the only extant copy in the world
and destroyed that copy as soon as the original was returned. In
general, though, the law says that if the copy you have is lost or
becomes deteriorated, your first obligation is to buy a replacement copy
from the vendor. Only when you can't do that can you duplicate your
original copy.
Peter Hirtle
At 10:31 AM 2/14/2001 -0700, STEVEN P. FISHER wrote:
I am passing this query along from our
ILL folks. They wanted to know if
before they loan a video to another educational institution they
made
a duplicate copy for preservation purposes would they be violating
copyright? As I understand it, one of the exceptions to copyright
is
duplication for preservation purposes. So the question is, can the
act of loaning an item be considered a preservation risk great enough
to
justify the creation of a second copy under copyright law? These
are
commercially produced videos purchased by my library. Any copyright
experts out there who want to tackle this one?
---------------------------------------------------------------
Peter B. Hirtle
Co-Director
pbh6@cornell.edu
Cornell Institute for Digital Collections
607/255-4033 (ph)
2B Kroch
Library
607/255-9524 (fax)
Ithaca, NY 14853
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