How copyright screws library record-collections

Preservation efforts with respect to pre-1972 sound recordings are hampered by legal restrictions. For example, a work is considered to be in an "obsolete" format, eligible for preservation copying, only if the device necessary to play it is no longer "commercially available." Under this formulation, even LP and 78-rpm records are not eligible for copying as "obsolete," since turntables can still be purchased, even though they are no longer commonly used.

Preservation efforts are also hindered by significant ambiguities in the law. State laws govern copying and dissemination of pre-1972 sound recordings. A detailed survey, to be conducted by the National Recording Preservation Board, will likely clarify the scope of state criminal laws, but given the amorphous nature of common law and the variations among states, considerable uncertainty about what is allowable under the civil law of the various states is likely to remain, even after the survey is completed.