"Ownership" of digital copies and sec. 108
- September 10, 2004 @ 7:52amkcoyle says:Here's a situation I am trying to un-ravel:
Public library A digitizes some of its archival material. It "submits" these digital files to another library (B) that is creating an online, publicly accessible archive. There is a contract with various statements like: it's ok for B to provide these to the public; B promises to maintain these files forever; and sometimes: A gives B the right to archive the files.
My question is: Since A has made copies of the digital files and given them to B, can we assume that B "owns" those files for the purposes of Section 108 (preservation, 3 copies)? 108 says that the library can make preservation copies of items that it owns, but I don't know how "own" is defined. I would be inclined to say that if someone gives me a copy, and doesn't specify that I'm NOT the owner (i.e. doesn't say: it's a loan, must be returned) then I own the copy. But maybe I'm reaching. - September 17, 2004 @ 12:32pmCarrie says:My thinking is this:
If someone gave you a book, you would own that copy. You could use that copy and exercise copyright exemptions. One assumes that the same would be true for digital files.
However, the Copyright Office conducted several studies after the DMCA - one was about digital first sale (The Office said it doesn't exist, but nothing should be changed in the copyright law to expressly say that) and about archival copying of digital copies (that the law should be changed to reflect that one cannot exercise first sale with a fair use copy). I mention this because there is a trend to treat digital copies differently than print copies in the copyright law. This is quite clear in the TEACH Act.
Having said that - it seems that you can clarify what Library B can or cannot do by either expanding on your existing license with Library B (if you want them to be able to exercise 108 exemptions, just tell them they can) or if the negotiation is a straight sale, include a license that says what Library B can or cannot do.
My assumption here is that you (Library A) are the copyright holder of the archival materials and that you can transfer a right of copyright if you want to.
[quote]Here's a situation I am trying to un-ravel:
Public library A digitizes some of its archival material. It "submits" these digital files to another library (B) that is creating an online, publicly accessible archive. There is a contract with various statements like: it's ok for B to provide these to the public; B promises to maintain these files forever; and sometimes: A gives B the right to archive the files.
My question is: Since A has made copies of the digital files and given them to B, can we assume that B "owns" those files for the purposes of Section 108 (preservation, 3 copies)? 108 says that the library can make preservation copies of items that it owns, but I don't know how "own" is defined. I would be inclined to say that if someone gives me a copy, and doesn't specify that I'm NOT the owner (i.e. doesn't say: it's a loan, must be returned) then I own the copy. But maybe I'm reaching.[/quote]
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