Rich Fiscus
19 Jul 2008 14:52
A report based on research from the Library of Congress in conjunction with a number of groups advocating the open availabillity of information in digital formats. The report paints a very negative picture of the influence the Digital Millenium Copyright Act (DMCA) has had over the ability to legally archive works stored in digital form.
Specifically, the report notes "There is no specific authorization for libraries and archives to make preservation copies of published works in their collections. Section 108(c) deals with copying for replacement and does not specifically address preservation." It goes on to point out that "to be eligible for copying under this section, the work must be lost, stolen, damaged, deteriorating or in an obsolete format, and then may be copied only if, after reasonable effort, the library or archives determines that an unused replacement cannot be obtained at a fair price."
Beyond that a library may make no more than three digital copies of traditional works, which the report characterizes as insufficient to ensure the work's survival due to the relatively volatile nature of digital media. It points out that "Long term management of a digital work usually requires that multiple copies of the work be made over the course of its lifetime."
Perhaps the most troubling issue is that the three copy limit doesn't even apply to works that are already in digital form, like CDs or DVDs, but only to analog works captured and stored digitally. The report points out that there are actually no provisions for making copies of digital works, which according to their findings are the ones most in need of such preservation.