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Copyright Issues Relevant to Digital Preservation and Dissemination ofPre-1972 Commercial Sound Recordings by Libraries and Archives. ClirPublication No. 135

This report addresses the question of what libraries and archives are legally empowered to do to preserve and make accessible for research their holdings of pre-1972 commercial recordings, the large aural legacy that is not protected by federal copyright. The report is one of a series of studies undertaken by the National Recording Preservation Board, under the auspices of the Library of Congress, to "maintain and preserve sound recordings that are culturally, historically, or aesthetically significant," as directed by Congress in the National Recording Preservation Act of 2000 [Public Law 106-474]. The act specifically requires the conduct of a study of "current laws and restrictions regarding the use of archives of sound recordings, including recommendations for changes in such laws and restrictions to enable the Library of Congress and other nonprofit institutions in the field of sound recording preservation to make their collections available to researchers in a digital format" and of "copyright and other laws applicable to the preservation of sound recordings." As the first in-depth analysis by a nationally known expert in copyright law, this report will also be a timely and authoritative aid to the many librarians and archivists who face decisions daily about how to establish priorities for sound preservation. This report not only provides clear evidence of the need for updating copyright law to take advantage of digital technologies to preserve and to make accessible the full range of the sound heritage, but also demonstrates what preserving institutions can do to ensure access to the past aural landscape into the future. Results of Preliminary Research Concerning State Law is appended. (Contains 168 footnotes.) [For "Protection for Pre-1972 Sound Recordings under State Law and Its Impact on Use by Nonprofit Institutions: a 10-State Analysis. Clir Publication No. 146", see ed509214. For "Copyright and Related Issues Relevant to Digital Preservation and Dissemination of Unpublished Pre-1972 Sound Recordings by Libraries and Archives", see ed509213.].

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