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International Study on the Impact of Copyright Law on Digital Preservation

Besek, June M., LeFurgy, William, Muir, Adrienne, Atkinson, Benedict A., Carroll, Emma F., Coates, Jessica M., Fitzgerald, Brian F., & Mossink, Wilma (2008) International Study on the Impact of Copyright Law on Digital Preservation. The Library of Congress National Digital Information, Infrastructure and Preservation Program, The Joint Information Systems Committee, The Open Access to Knowledge (OAK) Law Project and The SURFfoundation.

Abstract

This study focuses on the copyright and related laws of Australia, the Netherlands, the United Kingdom and the United States and the impact of those laws on digital preservation of copyrighted works. It also addresses proposals for legislative reform and efforts to develop non-legislative solutions to the challenges that copyright law presents for digital preservation.

Impact and interest:

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4,130 since deposited on 14 Jul 2008
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ID Code: 14035
Item Type: Report
Additional Information: While the country reports are largely parallel, they are not entirely so, due to variations in the laws and practices relating to digital preservation in the participating countries. Also, each country report was created using the conventions for legal writing in the source country. Consequently there are differences among the reports in citation style, spelling, punctuation, etc. which have been retained for purposes of this report. To the extent that the main body of this report is covered by copyright, it is licensed under a Creative Commons Attribution 3.0 Unported License. You are free to copy, communicate and adapt this work, as long as you attribute the author organizations. To view a copy of this license go to http://creativecommons.org/licenses/by/3.0/ or send a letter to Creative Commons, 171 Second Street, Suite 300, San Francisco, California, 94105, USA. To the extent that the Appendices are covered by copyright, they are subject to the law of their respective jurisdictions. Photo on cover: Digital Mercury by heyjoewhereyougoinwiththatguninyourhand available at http://www.flickr.com/photos/heyjoewhereyougoingwiththatguninyourhand/69725621/.
Keywords: Digital Preservation Overview, Challenges that Copyright Laws Present for Digital Preservation, The International Legal Context for Digital Preservation, Roadmap to the Report, Australia, Major Digital Preservation Activities in Australia, Overview of Copyright, Related Rights and Legal Deposit Laws of Australia as Applied to Digital Preservation, Impact of Copyright and Related Laws on Digital Preservation Activities in Australia, Overview of Responses to the Issue of Copyright and Digital Preservation in Australia, Recommendations for Legal Reforms or Practical Solutions in Australia to Facilitate Digital Preservation, The Netherlands, Major Digital Preservation Activities in the Netherlands, Overview of Copyright, Related Rights and Legal Deposit Laws of the Netherlands as Applied to Digital Preservation, The Impact of Copyright and Related Laws on Digital Preservation Activities in the Netherlands, Overview of Responses to the Issue of Copyright and Digital Preservation in the Netherlands, Recommendations for Legal Reforms or Practical Solutions in the Netherlands to Facilitate Digital Preservation, United Kingdom, Major Digital Preservation Activities in the United Kingdom, Overview of Copyright, Related Rights and Legal Deposit Laws of the United Kingdom as Applied to Digital Preservation, The Impact of Copyright and Related Laws on Digital Preservation Activities in the United Kingdom, Overview of Responses to the Issue of Copyright and Digital Preservation in the United Kingdom, Recommendations for Legal Reforms or Practical Solutions in the United Kingdom to Facilitate Digital Preservation, the United States, Major Digital Preservation Activities in the United States, Overview of Copyright, Related Rights and Legal Deposit Laws of the United States as Applied to Digital Preservation, The Impact of Copyright and Related Laws on Digital Preservation Activities in the United States, Overview of Responses to the Issue of Copyright and Digital Preservation in the United States, Recommendations for Legal Reforms or Practical Solutions in the United States to Facilitate Digital Preservation, cultural heritage institutions, preserve digital works and information, international laws and norms, copyright law and related rights, recommendations, disseminated to the public in digital form, Digitization, Internet, creative works in digital form, Digital information, born digital, obsolete formats and media, historically, scientifically and socially valuable materials, technical, financial and legal obstacles, law, migrating works, new technological formats and media, exclusive rights, reproduction right, libraries, archives, museums, migrate information content, new technology, floppy disk, server, integrity, reproduction, distribution, disseminating digital copies, public performance, display, user, generated content, digital archive, e, journals, The Berne Convention for the Protection of Literary and Artistic Works, governance, World Intellectual Property Organisation, WIPO, Copyright Treaty, WCT, Performances and Phonograms Treaty, WPPT, World Trade Organization, Agreement on Trade, Related Aspects of Intellectual Property Rights, TRIPs, literary and artistic works, exclusive rights, adaptation, broadcasting, performers of phonograms, sound recordings, fixation, rental, fixed performances, limitations, exceptions, three, step test, Directive 2001/29/EC, European Parliament, harmonization, European Union, educational establishments, museums, National Library of Australia, NLA, PANDORA, Preserving and Accessing Networked Documentary Resources of Australia, web archiving, Australian Institution for Aboriginal and Torres Strait Islander Studies, AIATSIS, Australian indigenous peoples, HTTrack, State Library of Tasmania, SLT, STORS, Stable Tasmanian Open Repository Service, Our Digital Island, NSW Powerhouse Museum, Electronic Resource Management Group, Digital holdings, Digital Asset Management system, National Archives of Australia, NAA, XENA, XML Electronic Normalising for Archives, Queensland University of Technology, QUT, Creative Commons, AESharenet, Copyright Act 1968 (Cth), crown copyright, moral rights, right of integrity, the right of attribution, right not to be falsely attributed, personal rights, Database Rights, exceptions to copyright infringement, general exceptions, statutory licences, user and purpose, specific exceptions, fair dealing, research and study, criticism or review, reporting the news, parody or satire, judicial proceedings and legal advice, non, profit libraries, archives, museums, galleries, collections, non, profit institutions, universities and schools, Preservation Copies, Flexible Dealing Exception, Legal Deposit, websites, blogs, chatroom transcripts, webspace, Technological Protection Measures Provisions, TPMs, circumvention, CLRC, House of Representatives, Legal and Constitutional Affairs Committee’s, Inquiry into Technological Protection Measures Exceptions, commercial lifespan, intellectual property, artists, researchers, general public, government bodies, creative, educational, scientific, orphaned works, Copyright Amendment (Digital Agenda) Act 2000, fragile work, Fair Use Review 2005, Preserving Access to Digital Information, PADI, Australian Publishers’ Association, APA, Australasian Digital Recordkeeping Initiative, ADRI, Australian Libraries and Information Association, ALIA, Australian Partnership for Sustainable Repositories, APSR, Australian Research Repositories Online to the World, ARROW, QUT ePrints, Koninklijke Bibliotheek, Metamorfoze, Netherlands Coalition for Digital Preservation, NCDD, 3TU, Federation, Dutch Institute for Sound and Vision, Statistics Netherlands, CBS, Data Archiving and Networked Services, DANS, Royal Netherlands Academy of Arts and Sciences, KNAW, National Library of the Netherlands, the Ministry of the Interior and Kingdom Relations, the National Archives of the Netherlands, Netherlands Organisation for Scientific Research, NWO, SURFfoundation, e, Depot, digital endurance, Beelden voor de Toekomst, Images for the Future, Stichting Nederlands Filmmuseum, Dutch Film museum, Nederlands Instituut voor Beeld en Geluid, Dutch Institute for Sound and Vision, Centrale Discotheek Rotterdam, Central Discotheque, Nationaal Archief, National Archives, Vereniging Openbare Bibliotheken, Dutch Public Libraries Association, Stichting Nederland Kennisland, Netherlands Knowledgeland, Databank of Digital Daily newspapers, Geheugen van Nederland, Memory of the Netherlands, Digitaal Erfgoed Nederland Digital Heritage Netherlands, DEN, Data Archiving and Networked Services, DANS, Royal Netherlands Academy of Arts and Sciences, KNAW, Netherlands Organisation for Scientific Research, NOW, Electronic Archiving System, EASY, DARIAH, Digital Research Infrastructure for the Arts and Humanities, Delft, Eindhoven, Twente, 3TU, Datacentre, technical, science heritage, Digital Accessibility of Archives Task Force, Taskforce Digitale Toegankelijkheid Archieven, Association for Records Management and Archives, DIVA, Dutch Digital Heritage Association, DEN, Short Title Catalogue of the Netherlands, STCN, Auteurswet, choreographic works, Dutch Copyright Act, economic rights, satellite, closed, circuit system, European Database Directive, European Court of Justice, reutilization, European E, commerce Directive, Neighbouring Rights Act, Directive 2001/29/EC, Dutch Library Forum, safekeeping of cultural and artistic copyright, Digital Preservation Exceptions, e, Depot of the National Library, Dutch Publishers Association, NUV, FOBID, Netherlands Library Forum, FJC, FOBID, Beelden voor de Toekomst, Images for the Future, Department of Trade and Industry, DTI, Department for Education and Skills, e, infrastructure, Joint Information Systems Committee, JISC, British Library, BL, National Preservation Office, NPO, Task Force on Digital Archiving Report, Digital Preservation Coalition, DPC, Research Information Network, Higher Education Funding Council for England, HEFCE, Shared Services, UK Higher Education, UK Web Archiving Consortium, UKWAC, LIFE, LIFE2, Lifecycle Information for E, literature, UK National Sound Archive, British Film Institute, BFI, National Archives, National Archives of Scotland, Public Record Office of Northern Ireland, datasets, Microsoft, Digital Continuity, Consortium of Research Libraries, CURL, LOCKSS, NESLI2, British Atmospheric Data Centre, Earth Observation Data Centre, Oceanographic Data Centre, National Environment Research Council, Science and Technology Facilities Council, UK Cluster Data Centre, Cambridge Crystallographic Data Centre, Arts and Humanities Data Service, AHDS, Economic and Social Data Service, ESDS, deposit licence agreement, AHDS licence agreement, Digital Preservation Coalition, metadata, JISC/NESLI model, digital rights expression language, DREL, Wellcome Trust, Registry of Electronic Licences, RELI, Information Environment Metadata Schema Registry, IEMSR, PREMIS schema, University of London Computer Centre, ULCC, Safety Deposit Box, Flickr, MySpace, Facebook, Ourmedia, Technology and Standards Watch, Copyright Designs and Patents Act, restricted acts, The Copyright Designs and Patents Act, CDPA, Legal Deposit Libraries Act, Public Records Acts, Public Record Office of Northern Ireland, PRONI, Public Records (Scotland) Act, Public Registers and Records (Scotland) Act, Public Records Act, Public Records Act (Northern Ireland), Government of Wales Act, Local Government Act, Rights management, best practice, Gowers review, British Film Institute and The British Library National Sound Archive respectively, The British Library, British Phonographic Industry, Mechanical Copyright Protection Society, UK Intellectual Property Office, Department for Culture, Media and Sport, Legal Deposit Advisory Panel, LDAP, Legal Deposit Libraries Act, CEDARS, Digital Curation Centre, DCC, legal blog, blawg, Model NESLi2 Licence, Content Complete Ltd, Creative Archive Licence, Automated Content Access Protocol, ACAP, National Digital Information Infrastructure and Preservation Program, NDIIPP, Library of Congress, at, risk digital content, stewardship, geospatial information, web sites, audio visual productions, images, text, critical public policy issues, public health, medical preparedness, state and local digital publications, agency policy documents, technical infrastructure, preservation and access technical environments, University of California, California Digital Library, Web, at, Risk, University of Maryland, Robert H, Smith School of Business, Birth of the Dot Com Era, closed archive, restricted material, Educational Broadcasting Corporation, Preserving Digital Public Television, Washington State Archives, advanced digital archives framework, centralized repository, Web Capture, International Internet Preservation Consortium, National Audio, Visual Conservation Center, NAVCC, Packard Humanities Institute, Architect of the Capitol, National Agricultural Library, NAL, National Library of Medicine, NLM, Government Printing Office, Depository Library Program, FDsys, National Archives and Records Administration, NARA, National Science Foundation, NSF, Digital Archiving and Long, Term Preservation, Sustainable Digital Data Preservation and Access Network, DataNet, Association of Research Libraries, ARL, Coalition for Networked Information, CNI, ARL, EDUCAUSE, Center for Research Libraries, CRL, Andrew W, Mellon Foundation, Portico, JSTOR, ArtSTOR, Mellon Foundation, Global Digital Format Registry, Institute of Museum and Library Services, LOCKSS, Lots Of Copies Keep Stuff Safe, Online Computer Library Center, OCLC, Sony Corp, of America v, Universal City Studios, Inc, U, S, Supreme Court, Metro, Goldwyn, Mayer Studios, Inc, v, Grokster, Visual Artists Rights Act, VARA, sui generis protection for databases, Feist Publications, Inc, v, Rural Telephone Service, Zacchini v, Scripps, Howard Broadcasting Co, unpublished copyrighted work, Digital Millennium Copyright Act, Copyright Office, trafficking in circumvention devices and services, Three, copy limit, mandatory deposit, section 108, Section 108 Study Group, robust storage system, fragile originals, fragile copy, preservation, only, Trustworthy Repositories Audit & Certification, TRAC, PubMed Central, PMC, National Institutes of Health, NIH, JSTOR, Archive Capital Fee, Web Capture Project, Internet Archive, encryption
ISBN: 978-0-9802988-9-5
Subjects: Australian and New Zealand Standard Research Classification > INFORMATION AND COMPUTING SCIENCES (080000) > INFORMATION SYSTEMS (080600) > Computer-Human Interaction (080602)
Australian and New Zealand Standard Research Classification > INFORMATION AND COMPUTING SCIENCES (080000) > LIBRARY AND INFORMATION STUDIES (080700)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Intellectual Property Law (180115)
Australian and New Zealand Standard Research Classification > INFORMATION AND COMPUTING SCIENCES (080000) > OTHER INFORMATION AND COMPUTING SCIENCES (089900) > Information and Computing Sciences not elsewhere classified (089999)
Australian and New Zealand Standard Research Classification > INFORMATION AND COMPUTING SCIENCES (080000) > OTHER INFORMATION AND COMPUTING SCIENCES (089900)
Australian and New Zealand Standard Research Classification > INFORMATION AND COMPUTING SCIENCES (080000) > INFORMATION SYSTEMS (080600) > Information Systems Organisation (080610)
Australian and New Zealand Standard Research Classification > COMMERCE MANAGEMENT TOURISM AND SERVICES (150000) > BUSINESS AND MANAGEMENT (150300) > Innovation and Technology Management (150307)
Australian and New Zealand Standard Research Classification > HISTORY AND ARCHAEOLOGY (210000) > CURATORIAL AND RELATED STUDIES (210200)
Australian and New Zealand Standard Research Classification > HISTORY AND ARCHAEOLOGY (210000) > CURATORIAL AND RELATED STUDIES (210200) > Materials Conservation (210203)
Australian and New Zealand Standard Research Classification > COMMERCE MANAGEMENT TOURISM AND SERVICES (150000)
Australian and New Zealand Standard Research Classification > INFORMATION AND COMPUTING SCIENCES (080000) > INFORMATION SYSTEMS (080600)
Australian and New Zealand Standard Research Classification > INFORMATION AND COMPUTING SCIENCES (080000) > INFORMATION SYSTEMS (080600) > Global Information Systems (080606)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000)
Australian and New Zealand Standard Research Classification > INFORMATION AND COMPUTING SCIENCES (080000) > INFORMATION SYSTEMS (080600) > Database Management (080604)
Australian and New Zealand Standard Research Classification > INFORMATION AND COMPUTING SCIENCES (080000) > LIBRARY AND INFORMATION STUDIES (080700) > Librarianship (080706)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100)
Australian and New Zealand Standard Research Classification > MEDICAL AND HEALTH SCIENCES (110000) > PUBLIC HEALTH AND HEALTH SERVICES (111700)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > International Law (excl. International Trade Law) (180116)
Australian and New Zealand Standard Research Classification > HISTORY AND ARCHAEOLOGY (210000) > CURATORIAL AND RELATED STUDIES (210200) > Curatorial and Related Studies not elsewhere classified (210299)
Australian and New Zealand Standard Research Classification > INFORMATION AND COMPUTING SCIENCES (080000) > INFORMATION SYSTEMS (080600) > Interorganisational Information Systems and Web Services (080612)
Australian and New Zealand Standard Research Classification > MEDICAL AND HEALTH SCIENCES (110000)
Australian and New Zealand Standard Research Classification > EDUCATION (130000)
Australian and New Zealand Standard Research Classification > STUDIES IN HUMAN SOCIETY (160000) > POLICY AND ADMINISTRATION (160500)
Australian and New Zealand Standard Research Classification > TECHNOLOGY (100000) > COMMUNICATIONS TECHNOLOGIES (100500)
Australian and New Zealand Standard Research Classification > INFORMATION AND COMPUTING SCIENCES (080000)
Australian and New Zealand Standard Research Classification > STUDIES IN HUMAN SOCIETY (160000) > POLITICAL SCIENCE (160600)
Australian and New Zealand Standard Research Classification > STUDIES IN CREATIVE ARTS AND WRITING (190000) > JOURNALISM AND PROFESSIONAL WRITING (190300)
Australian and New Zealand Standard Research Classification > INFORMATION AND COMPUTING SCIENCES (080000) > INFORMATION SYSTEMS (080600) > Information Systems Management (080609)
Australian and New Zealand Standard Research Classification > INFORMATION AND COMPUTING SCIENCES (080000) > LIBRARY AND INFORMATION STUDIES (080700) > Information Retrieval and Web Search (080704)
Australian and New Zealand Standard Research Classification > LANGUAGES COMMUNICATION AND CULTURE (200000) > OTHER LANGUAGE COMMUNICATION AND CULTURE (209900)
Australian and New Zealand Standard Research Classification > HISTORY AND ARCHAEOLOGY (210000) > CURATORIAL AND RELATED STUDIES (210200) > Museum Studies (210204)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Research Centres > Law and Justice Research Centre
Copyright Owner: Copyright 2008 The Library of Congress National Digital Information, Infrastructure and Preservation Program, The Joint Information Systems Committee, The Open Access to Knowledge (OAK) Law Project and The SURFfoundation.
Copyright Statement: To the extent that the main body of this report is covered by copyright, it is licensed under a Creative Commons Attribution 3.0 Unported License. You are free to copy, communicate and adapt this work, as long as you attribute the author organizations. To view a copy of this license go to http://creativecommons.org/licenses/by/3.0/
Deposited On: 14 Jul 2008
Last Modified: 09 Jun 2010 23:01

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