Copyright Questions

LS says:

copyright question
As a librarian I have several concerns. The first is the most recent extension of the copyright protection to well beyond the average author’s lifetime. This latest extension, courtesy of the Sonny Bono Act, pretty much ensures that out of print works are more difficult to locate. Another problem has become increased difficulty in tracking down the copyright holder to request permission to make it available via re-printing, digitation, etc. due to the longer time span between the initial publication and the period of time it ends up in the out of print category. My second concern is the impact of the DMCA on the fair use of digital resources — particularly in the realm of technology restrictions on one’s ability to create a legal archival copy of a work and the difficulty in obtaining the necessary code or hardware adaptors do the job. That said, my third concern is also related to the DMCA and centers around software licenses. Basically, a software license can eradicate “fair use” as it applies to print materials under the copyright law itself. And I pity any librarin who has the bad luck to have to explain THAT concept to the general public. (I face that on an average of several times a month). Most people understand the fair use concept and assume it applies to all formats. Frequently, the library finds itself restricted to “renting” the resource rather than “purchasing” the resource. For example, the library can purchase a book, put that book on the shelf, purchase updates for 1 year or 2 years or even a couple of months before cancelling the subscription and still own the book. Not true under many licensing agreements for the electronic format. Instead, the library suscribes to the resource and has full access during the subscription period but loses all access (even to the material it had during the subscription period sans current updates) as soon as that subscription is cancelled. Additionally, shrinkwrap licenses may or may not be enforceable depending upon the state one in which one is located as that is determined by state law. The net effect is to create an additional problem of consistency for both librarians and public. Despite the posting of the appropriate copyright protection signs above computers, the poor librarian often finds himself trapped in the position of being the “copyright police” .