RE: Archival copies of software

["Hamaker, Chuck" <cahamake@email.uncc.edu>]

My reading of this is a bit different, and I think the Music Library
Association's guideline ibn the form of Q&A is helpful:

http://www.musiclibraryassoc.org/Copyright/compsq10.htm
discussing the use of the first copy on reserve:

If the reserve copy of the software is stolen, may the library make
another copy (assuming it has an archival copy) for circulation?

Perhaps. It is not clear whether the pupose of a back-up copy includes
replacement in the event of theft, but arguable that it does. However,
Section 108(c) permits reproduction of audiovisual works (which includes
many computer programs) in the event of damage loss or theft only if a
replacement may not be obtained at a fair price. Further, some license
agreements require that archival copies be destroyed when possession (not
ownership) of the original ceases. Therefore a replacement copy may need to
be purchased. A safe course is to consult the software vendor. 

-----Original Message-----
From: Dave Fisher
To: liblicense-l@lists.yale.edu
Sent: 4/2/03 11:25 PM
Subject: Re: Archival copies of software

The archival copy is a surrogate of the original. Once the original is
lost or destroyed, the archival copy assumes the place of the original in
the collection and an archival copy can then be made of that copy.  
That's the beauty of archival privileges.

David L. (Dave) Fisher                                  
dfisher@ucsd.edu

>>> mgooch@wooster.edu 04/02/03 03:03PM >>>

I have an interesting question. Many accompanying discs/disks allow for an
archival copy to be made.  Does anyone know how/when that copy can be
used.  For example, if the original is stolen, is it allowable to replace
it with the archival copy or can another copy be made to go with the book?

Thanks
-- 
Mark D. Gooch
mgooch@wooster.edu