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Re: [PSUBS-MAILIST] Fair Use
Correct - they are related to preservation, specifically COPYING for
preservation. But they also cover other purposes. Here's an excerpt from
my copyrights page:
The US copyright statutes also contain a broad set of exemptions to
allow libraries to do their work of propagating knowledge at minimal
cost to those seeking it. These exemptions are contained in Section 108
of the US law, and we believe that other countries have similar—though
not necessarily identical—provisions.
Section 108(b) allows copying of unpublished works for preservation
or security or for deposit at another library. Although our primary
purpose in copying materials is not preservation, the effect in many
cases is to propagate rare (and sometimes unique) works, in effect
preserving them. That this actually occurs is proven by the fact that
Archivale’s predecessors have sold copies of US Government documents to
the US Government, because those documents could no longer be found in
the Government’s own archives.
Section 108(c): allows copying of published works for replacing a
damaged, deteriorated, lost, or stolen copy, but only if “an unused
replacement cannot be obtained at a fair price.” The statute contains no
definition of a “fair price.” Our opinion is that the prices charged for
most academic books, technical journals and technical reports are not
fair with respect to the purpose of copyright law because they do not
favor the propagation of the works; instead, they are so high that only
well-endowed libraries and research institutions can afford them.
Researchers who do not have access to such institutions, and lack
sufficient disposable income to purchase the needed works themselves,
are excluded.
Section 108(d): allows copying of articles, or contributions to
collections, or small parts of larger works, for a patron’s private
study, scholarship, or research.
Section 108(e): allows copying of entire works for a patron’s
private study, scholarship, or research, if “a copy . . . cannot be
obtained at a fair price.” See our comment on Section 108(c).
Subsection (e) most often applies to what I do, namely provide copies of
entire works that are not available through any other channel at a fair
price. Usually they are unavailable at any price.
I pay no attention to video and audio provisions because I've so far
never had to deal with that. The only video and audio material that I
might offer in the future is either public domain or owned by or
licensed to me.
Getting back to what prompted this exchange, somebody mentioned that
PSUBS offers K-350 plans. Does that mean that PSUBS is licensed by the
rights holder? Are those plans complete?
Marc
On 5/7/2012 9:11 AM, Jon Wallace wrote:
I don't really want to beat a dead horse, but I'm curious exactly which
library exemptions you think would allow you to publish work without
permission of the owner. All the exemptions under 17USC108 are related
to preservation not distribution. In fact 108(i) restricts libraries
from making copies of anything other than text, except for audiovisual
works related to news. It specifically prohibits libraries from making
copies of music, video, pictorials, sculptures and other "visual" works.
--
Archivale catalog: http://www.archivale.com/catalog
Polymath weblog: http://www.archivale.com/weblog
Translations (ProZ profile): http://www.proz.com/profile/639380
Translations (BeWords profile): http://www.bewords.com/Marc-dePiolenc
Ducted fans: http://massflow.archivale.com/
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