RE: [ALCTS-acqnet] Question about CD circulation and copyright

Peter,

from p. 9 of a report dated in 2005 and available at https://www.loc.gov/programs/static/national-recording-preservation-plan/publications-and-reports/documents/pub135.pdf: “Section 108(c) allows libraries and archives to make up to three copies of a published work to replace a work in their collections that is damaged, deteriorating, lost, or stolen, or whose format has be­come obsolete, if the library determines after reasonable effort that an unused replacement cannot be obtained at a fair price (the extent to which one library may rely on another to make copies is addressed in section 4.1.3 of this report). As with copies of unpublished works, copies in digital format may not be made available to the public out­side the library premises.”

There is a note stating that  “§ 108(c). In limiting use of digital copies made pursuant to this section to library premises, Congress appears to have ignored the possibility that the work may have been distributed to the public in digital form. In that case, the limitation to use on the premises introduces a restriction on use of the copies that may not have existed with the original.”

The relevant section from copyright law is at https://www.law.cornell.edu/uscode/text/17/108


You will not be able to circulate the copy of the CD you created as a replacement copy.

Andrea
********************************
Andrea Imre
Electronic Resources Librarian
Southern Illinois University Carbondale
Morris Library - MC6632
605 Agriculture Dr
Carbondale, IL 62901
phone: 618-453-4339
fax:  618-453-3452
e-mail: aimre_at_lib.siu.edu<mailto:aimre_at_lib.siu.edu>



From: acqnet-request_at_lists.ala.org [mailto:acqnet-request_at_lists.ala.org] On Behalf Of Peter Thornell
Sent: Thursday, August 24, 2017 10:58 AM
To: acqnet_at_lists.ala.org
Subject: [ALCTS-acqnet] Question about CD circulation and copyright

I'm fairly certain I know the answer to this, but I wanted to get a more official verdict.

We circulate a particular 6-CD set of Frank Sinatra music that has recently lost one of the discs.  The set is now out of print, so I can't afford to purchase another set at the now "collectible" rate prices.  I do have access to the music from the lost CD, however, and someone suggested I simply make a copy of that lost CD content and circulate with the other 5 official CD's.

This would obviously solve our problem of having an incomplete set - and we never circulate incomplete sets - but I'm fairly certain I would not be allowed to do this.

If you, or anyone you're aware of, can give me a more official answer to this question, I would greatly appreciate it!

Thank you,

Peter

Peter Thornell
Collection Development Librarian
Hingham Public Library
​
781-741-1405 x2610