Book People Archive

Abandonment (Was Re: Redeeming copyright)

On Tue, Feb 20, 2001 at 10:19:29PM -0500, Rod Hay wrote:
> There is in the common law, a right to appropriate abandoned property. Could it
> not be argued that a book that has been out of print for a certain number of
> years has been abandoned, and therefore available to all comers.

The U.S. Copyright Term Extension Act of 1998 does have a provision
allowing libraries to copy works, in the last year of copyright term,
if the work has no commercial value.  Check the law for details;
the provision is complicated, perhaps self-contradictory.

I continue to ask librarians and archivists to use that provision
to make works accessible.  I have not yet heard that any library
or archive has done so.  So now it is time to renew the request.
What is holding them back?  Is it that the law is confused and
unclear?  Would it allow the work to be shared with other libraries
or even posted on the Internet for all users of the library online?
Do we need an attorney's assistance in obtaining such clarification?
Would the "library or archive" wording permit an Internet-only library 
to use this provision?  If such a work were posted online, would users
in non-U.S. countries be able to read the works without fear of
infringing copyright?
             
Rod's point is good.  The common law has evolved with user needs.
It has strong justification for its existence.  The codification
of law and regulations, intended to replace common law, may not
suffice.  Technology moves at ever-increasing speed, it seems.
Should the current crop of copyright holders enjoy a perpetual
monopoly on obsolete business practices?  Will libraries and
archives adapt?  Do they have the political power and will to
keep up with the times?  Or will they too be abandoned along with
their old books, the common law, and the rights of men and women?