[ILL-L] Copyright question for phono-disks

[Rob Tiessen]

Under section 108 (C) of US Copyright Law, libraries and archives are 
allowed to migrate to another format if the original format is obsolete:

"(c) The right of reproduction under this section applies to three 
copies or phonorecords of 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"

http://www.copyright.gov/title17/92chap1.html#108

I am not familiar enough with US law, to know whether or not the 
conditions of 108 (c) are being met in the situation described below.




Rob Tiessen
Head, Access Services
University of Calgary Library
tiessen at ucalgary.ca
403-220-6043


Elizabeth H. Davis wrote:
> Dear Connie,
>  
> My initial reaction is that yes it is against copyright -- but I can't 
> articulate the reasons why.  I believe it would have to do with the fact 
> that you are changing the format of the material (from an LP to a CD).  
>  >From all that I've read about copyright -- I've gotten the impression 
> that when you change the format, there is a whole new set of copyright 
> rules to consider.
>  
> I would suggest asking the Copyright Advisory Network:
>  
> http://www.librarycopyright.net/
>  
> It is a forum for librarians where other librarians (well-versed in 
> copyright laws) will answer questions of this type.  I recommend this 
> website to anyone that has copyright questions.
>  
> And I could certainly be wrong about my impressions above -- if I am, 
> please let me know!
>  
> Best Regards,
> 
> Liz Davis
> ILL Librarian - FER
> Hunt Library
> Embry-Riddle Aeronautical University
> 600 S. Clyde Morris Blvd.
> Daytona Beach, FL 32114
> phone:  386-323-8774
> fax: 386-226-7040
> ARIEL: 155.31.25.32
> email: Elizabeth.Davis at erau.edu
> 
>  
>  
> 
> ------------------------------------------------------------------------
> *From:* ill-l-bounces at webjunction.org 
> [mailto:ill-l-bounces at webjunction.org] *On Behalf Of *Phillips, Connie
> *Sent:* Thursday, May 01, 2008 11:01 AM
> *To:* ill-l at webjunction.org
> *Subject:* [ILL-L] Copyright question for phono-disks
> 
> Hi, does anyone know if is acceptable to copy phono-disks for 
> Interlibrary Loan requests on a CD instead of sending the phono-disk (LP 
> record)? We used to copy and send the CD’s that would only play on a 
> computer. They would not play in a regular CD player. One of our 
> librarians that has since left said it fulfilled the copyright laws. Our 
> new music librarian stopped this practice and said it broke copyright 
> rules. Now she is gone too. We are confused.
>  
> Could someone help us on this matter?
>  
> Thanks!
>  
>  
> /C//onnie/
>  
> <http://www.mansfield.edu/>
>  
> *Connie L. Phillips                                               
> Interlibrary Loan Supervisor
> North Hall Library
> Mansfield University
> Mansfield, PA 16933
> Phone: 570-662-4683
> Fax: 570-662-4993*
>  
>  
>  
>  
>  
> 
> 
> ------------------------------------------------------------------------
> 
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