RE: Archival copies of software

["Dave Fisher" <Dave@library.ucsd.edu>]

My thanks to Chuck and to Carl for contributing to this dialogue.  My
perhaps too hasty response was drawn from experience working with Warner
Bros several years ago on a license for a 1946 film on videocassette which
we purchased from the LC film archive. We were explicit in our
understanding with WB that we could make one archival copy off of the
original, to be used and copied again only if the original became lost or
otherwise unusable.  We paid a hefty sum to LC for the production of the
first copy and we wanted to protect ourselves from future losses given the
fragility of the medium.  Our original copy of the film had deteriorated
to such an extent that it was all but useless.  It's a film of documentary
and historical interest for the institution and copies are virtually
non-existent outside of a special order from LC after obtaining a license
from the studio.

The caveat in 108(c) regarding the availability of a replacement at a fair
price is reasonably explicit, and would seem to preclude copying of
archival "in print" CD's or other a/v materials for further lending. In
our case, however, it would not prevent us from further copying of the
archival copy of the videocassette of the original under the limited
circumstances I described.

You can find additional amplification of 108(c) at the Copyright Crash
Course section headlined Library Reproduction: Archiving at
http://www.utsystem.edu/ogc/intellectualproperty/l-108abc.htm .  Follow
the links to "Making Digital Copies in the Library".

Dave