You may find it helpful to post the question at the Copyright Advisory Network: http://librarycopyright.net.
My take, as a non-lawyer copyright geek, for discussion rather than legal advice, is that Section 108 exceptions allow for making the copies for preservation, but because CDs are digital, copies made under that exception wouldn’t be allowed to leave the library, which dramatically reduces the value of the exception in cases like this. The other potential is Fair Use. The Copyright Advisory Network also has tools to help with a fair use analysis. For something so creative, presumably for entertainment use, and a straightforward copy that is not transformative, I would think that this would be a long shot. Fair Use is not always straightforward, though, and folks in that group may bring up points I’ve missed.
Freya
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Freya Anderson
Head, Information Services
Alaska State Library
395 Whittier St.
Juneau, AK 99801
907-465-1315
http://library.alaska.gov/
From: Peter Thornell [mailto:thornell_at_ocln.org]
Sent: Thursday, August 24, 2017 7:58 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
Received on Fri Aug 25 2017 - 12:28:09 EDT