Copying of computer software
for preservation purposes
[This message is cross-posted to ecup-list and EPIC-LST]
Dear ecup-listers,
I have some questions regarding the possibilities of copying computer program for _preservation_ purposes in the EU countries.
Background:
The Council Directive 91/250/EEC from 1991 on the legal protection of computer programs, states that the rightholder has the exclusive right to authorize any reproduction of a computer program. The only exceptions stated are for back-up copies and such copies that are necessary to make in order to use the program.
The Directive is implemented in the the Swedish Copyright Law (http://www.kb.se/bibsam/kjell/urleng.htm), which, in the article on library exceptions, states that:
[Article 16.] Those archives and libraries which are mentioned in the third and fourth paragraphs may make copies of works, with the exception of computer programs, 1. for purposes of preservation, completion or research,
This means that computer program are excepted from the "library exception" in the Swedish law.
Of course, this causes problems when it comes to the possibilities of preserving digital material. As you all know, preserving digital material means copying and/or migration into future formats and technical environments.
In many cases not only the "information itself" but also the underlying software must be copied and migrated in order to be viewed, read, or listened to later on. For a growing no of documents, it is more or less impossible to distinguish between the content and the software.
But if copying a computer program is forbidden, even for preservation purposes, how can we preserve these documents?
I would like to hear about the situation in the other EU countries. Is this kind of reproduction forbidden everywhere? Or have you treated the Directive differently?
The final (possibly provocative) question is: if we are not allowed to do this kind of copying, shall we then forget about preservation of digital material?
Best regards Jakob H
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Jakob Harnesk Secretary of the Commission on Review of the Swedish Legal Deposit Legislation Kungl. biblioteket/BIBSAM, Box 5039, S-102 41 Stockholm, Sweden Tel: +46 8 463 42 70; Fax: +46 8 463 42 74 E-mail: jakob.harnesk@bibsam.kb.se
A lot of material that was even not meant to be circulated at all was kept by some persons at some time and often these things kept became very much valued in later ages.
When there are people in the legal business that are saying, often without realizing the long term impact of their statements as they are paid to generate short turn profit, 'do not preserve our code'..., smash the stone of Rosetta', that fact should not stop an archivist or librarian to still make a copy when she or he decides that a specific piece of software might become of importance for next generations.
Libraries and archives are there because authors and publishers are not able to preserve their products over long stretches of time. One of their tasks is to make a selection of information products from their generation for future generations.
My experience as a curator and librarian during 25 years has been that there are always all kind forces that should like to limit, influence or change the selections made... In my opinion some of the modern copyright claims can better be classified as 'economic censorship'. In this way the perspective of the matter changes dramatically. To be honest all this eager and greedy people out for a few bucks, should think better and be happy that someone is caring about their products, instead of threatening our cultural institutions with law suits.
Tjebbe van Tijen Imaginary Museum Projects, Amsterdam tijen@inter.nl.net fax +31-20-6261897
http://www.kaapeli.fi/hypermail/ecup-list/0568.html