Date: Thu, 24 Aug 2017 17:55:50 +0000
To: "acqnet_at_lists.ala.org" <acqnet_at_lists.ala.org>
The clincher being “any such copy or phonorecord that is reproduced in digital format is not made available to the public in that format outside the premises of the library” – and that would be exactly what you would be wanting to do with it, not using the copy as an inhouse use backup of an original. ~Sara From: acqnet-request_at_lists.ala.org [mailto:acqnet-request_at_lists.ala.org] On Behalf Of Lucinda Valero (lvalero) Sent: Thursday, August 24, 2017 12:34 PM To: acqnet_at_lists.ala.org Subject: RE: [ALCTS-acqnet] Question about CD circulation and copyright Hi Peter, I am not an expert, but I believe you are authorized to make a copy under section 108 of the Copyright Act. (c)The right of reproduction under this section applies to three copies or phonorecords of a published work duplicated solely for the purpose of replacement of a copy or phonorecord that is damaged, deteriorating, lost, or stolen, or if the existing format in which the work is stored has become obsolete, if— (1) the library or archives has, after a reasonable effort, determined that an unused replacement cannot be obtained at a fair price; and (2) any such copy or phonorecord that is reproduced in digital format is not made available to the public in that format outside the premises of the library or archives in lawful possession of such copy. For purposes of this subsection, a format shall be considered obsolete if the machine or device necessary to render perceptible a work stored in that format is no longer manufactured or is no longer reasonably available in the commercial marketplace. (https://www.law.cornell.edu/uscode/text/17/108) Lucinda Valero Rasch Assistant Director – Technical Services Cecil C. Humphreys Law Library [UofM logo] The University of Memphis 1 North Front Street Memphis, TN 38103<cid:68986712-BA4B-4E5D-8471-D9AC17DC7169> 901.678.2749 | lvalero@memphis.edu<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fmemphis.edu%2F&data=02%7C01%7Csara.karow%40houstontx.gov%7Cceb82a455f1f4ad63c3108d4eb172bf3%7C57a85a10258b45b4a519c96c7721094c%7C0%7C0%7C636391932133342195&sdata=nYNvAXqD33rNuUorIfHDQ1Rz2uWp9UUoSPldWicfsRA%3D&reserved=0> From: acqnet-request_at_lists.ala.org<mailto: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<mailto: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
