Re: Re: Library or Archive

I've wondered how restrictive a private archive can be about who uses it and still fit definition (2) (ii) below, being open "also to other persons doing research in a specialized field." For instance, could a for-profit company with an in-house library claim protection under the statute if it occasionally -- and entirely at its own discretion -- allows private researchers to use the archive?

PS I'm a librarian, not a lawyer.

Angie Drobnic Holan
Tampa, FL

On Apr 8, 2005 7:20 PM, LKim[_at_]cohenlaw.com <LKim[_at_]cohenlaw.com> wrote:
> 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 (similar to a library) containing historical documents and public records -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.
>
> ------------------------------------------
>
> Lee Kim, Esq.
> Patent Agent
> Cohen & Grigsby, P.C.
> 11 Stanwix Street, 15th Floor
> Pittsburgh, PA 15222
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> FAX: 412-209-1965
> E-mail: lkim[_at_]cohenlaw.com
>
>
Received on Mon Apr 11 2005 - 22:50:59 GMT