[ILL-L] Copyright question for phono-disks

[Tom Bruno]

Hi Connie,

An important question here is whether these LPs were recorded before or
after 1972.  Pre-1972 sound recordings are not protected by U.S. Copyright
Law, but by State statutes and common law regarding copyright.  Since
copyright law at the state level is a mixture of statutes and common law
rulings, you'd probably want an expert legal opinion from someone
well-versed in PA law to make an informed decision about what is
permissible.

For LPs recorded in 1972 and later, however, Section 108(c) applies.  As
others here have already pointed out, because turntables are still
commercially available the LP is not yet considered to be an "obsolete"
format, and probably won't be as long as there are vinyl diehards and club
DJs out there spinning tunes.

Regards,
Tom Bruno
Head of Interlibrary Loan
Widener Library
Harvard University




2008/5/4 Document Delivery <DocDelivery at iona.edu>:

> Also, I'm a little suspicious about making a complete copy, except for
> certain archive purposes, Ed.
>
> ________________________________
>
> From: ill-l-bounces at webjunction.org on behalf of Phillips, Connie
> Sent: Thu 5/1/2008 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!
>
>
> Connie
>
>  <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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>
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