FW: Internet Archive's Open-Text Archives Initiative

["Klein, Bonnie" <BKlein@DTIC.MIL>]

Generally, a library would need permission or a license for scanning
copyrighted materials.  For an example of the problems and costs involved
in seeking permissions and licenses, see Denise Troll Covey's presentation
"Copyright Permission: Turning to Dust or Digital" which details Carnegie
Mellon University's experience for the Million Books digitization project.
http://library.cmu.edu/Libraries/DustOrDigitalREV.ppt

However, the US Copyright Act, Title 17 USC, Section 108
http://www.copyright.gov/title17/92chap1.html#108 provides some exemptions
for libraries and archives.  The Digital Millennium Copyright Act (DMCA)
amended Sec. 108 to cover both digital and non-digital copies. It permits
the creation of three copies only if the library or archives has, after
reasonable effort, determined that an unused replacement cannot be
obtained at a reasonable price. These copies may not be distributed to the
public outside the premises of the library or archive. The material may
also be converted to a new format for preservation of access.

The DMCA further amended Sec 108(h) to allow: "during the last 20 years of
any term of copyright of a published work, a library or archives,
including a nonprofit educational institution that functions as such, may
reproduce, distribute, display, or perform in facsimile or digital form a
copy or phonorecord of such work, or portions thereof, for purposes of
preservation, scholarship, or research, if such library or archives has
first determined, on the basis of a reasonable investigation, that: (a)
the work is not subject to normal commercial exploitation, (b) a copy
cannot be obtained at a reasonable price; or the copyright owner or its
agent does not provide notice of (a) or (b) pursuant to regulations
promulgated by the Register of Copyrights."  In this case, copies are not
prohibited from distribution outside the library premises, but "the
exemption ... does not apply to any subsequent uses by users other than
such library or archives."

Bonnie Klein

-----Original Message-----
From: Sally Morris (ALPSP) [mailto:chief-exec@alpsp.org]
Sent: Thursday, December 23, 2004 11:41 PM
To: liblicense-l@lists.yale.edu
Subject: Re: Internet Archive's Open-Text Archives Initiative

It is not clear to me what is the copyright situation with regard to
scanning (and making available within the library, though not publicly)  
those books in the respective libraries' collections which are not yet out
of copyright.  Can anyone answer that question?

Sally Morris, Chief Executive
Association of Learned and Professional Society Publishers
E-mail:  chief-exec@alpsp.org