From: Lolly Gasaway [laura_gasaway@unc.edu]
Sent: Friday, September 21, 2007 1:39 PM
To: Cathleen Martyniak
Subject: Re: Section 108 question
Cathleen,

Sorry to be so slow in responding -- very busy first of school here.  See responses below.

Cathleen Martyniak wrote:

  Ms. Gassaway,



  Good morning.  My name is Cathy Martyniak.  I am the Preservation Librarian at the University of Florida.  We are revamping/revising our Brittle Book program to include a digital option/component, thus your work with the 108 group is highly relevant to us.  I listened to the audio CD from the AALL talk you gave in January.  That talk touched on a issue that is very troubling to us here at UF and I was hoping you could tell me if the November report might present a solution for this problem.  I am hoping you are the right person to approach.  If not, please forward as you see fit. 



  Our problem relates to the disposition of the brittle original. As I mentioned, UF needs/wants to reformat brittle books in our collection, many of which are still in copyright.  We will use preservation photocopy and we would like to add a digitization option as well. Our old standby, [filming] is pretty dead around here. IF we make a preservation photocopy of a title still in copyright, I assume we need to discard the original brittle book itself, as we are ‘supposed’ to only have one copy, since that is all we paid for.  Is this interpretation correct?

You are correct -- you are making a replacement copy.  If you keep the original, then it is not a replacement copy.  



  And what about the digital realm?  If we scan the brittle book, and post the PDF’s on our web site, do we also need to toss the brittle pages?  While we employ a digital preservation service, we are still hesitant to toss the pages, as we might need to rescan them someday down the road.  Plus, we would hate to see our ARL statistics/counts for paper go down.  Thus, we are hoping to retain the brittle pages, loose, in an envelope, in our off site storage facility.  We would suppress the bib record in the OPAC. It is our version of a dark archive. In your talk at AALL, you mentioned something about the fact that dark really means shades of dim.  You did not explain the comment leaving us wondering if our plan might not be a good idea.

Actually, no you cannot post it on your website unless that website is accessible only on the premises of the library.  Look at section 108(c).  If the book is still under copyright, and you digitize it and post it on your website, you have just published a digital version of a copyrighted work without permission.  The statute restricts us to on-premises (meaning 4 walls of the library ) use.




  All this as background to the question of ‘Will the 108 report touch on disposition of the deteriorating original?”


Actually no.  No one has ever asked me this at all!


  Thank you,


  Cathy







-- 

Lolly

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Laura N. Gasaway

Associate Dean for Academic Affairs & Professor of Law

School of Law, CB # 3380

University of North Carolina

Chapel Hill, NC  27599



Phone: 919-962-8501        fax: 919-962-1170

http://www.unc.edu/~unclng/gasaway.htm



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