Re: Library or Archive

From: <LKim[_at_]cohenlaw.com>
Date: Fri, 08 Apr 2005 19:20:51 -0400

17 USC 108(a)(2) provides some insight as to what a "library" or "archive" might be:

[copy and paste]
,,,,
(2) the collections of the library or archives are
(i) open to the public, or
(ii) available not only to researchers affiliated with the library or
archives or with the institution of which it is a part, but also to other persons doing research in a specialized field; and

"Archive" does not appear to be defined in 17 USC 101, but perhaps this snippet is enough to understand what qualifies for the exemption in section 108. IMHO, that's all I would be interested in.

Separate and apart from that, I would look in a standard English dictionary
(Merriam Webster, Oxford, etc.) and see what the plain meaning of "archive"
is, esp. in the context used above. I associate "archive" with a place
(similar to a library) containing historical documents and public records -
sometimes public, sometimes private.

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             "Laliberte,                                                   
             Matthew Dana"                                                 
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This may seem a silly question, but what is considered an “Archive”? Section 108 of the Copyright Act provides exemptions to both Libraries and Archives for the reproduction of damaged, stolen or deteriorating works, or works whose format has become obsolete.

What constitutes an Archive?

Thanks!

Matthew D. Laliberte
Instructional Technologist
Academic Technology Center
Worcester Polytechnic Institute
100 Institute Road
Worcester, MA 10609

Phone: 508.831.6422
FAX: 508.831.5881

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Received on Sat Apr 09 2005 - 03:20:51 GMT