Digital preservation

“ The digital revolution has also brought the need for new services in areas such as digital preservation: the role of research libraries in ensuring the long-term preservation of print does not readily transfer to digital content, and while services such as Portico and the edepot at the Koninklijke Bibliotheek in the Netherlands have made considerable progress, we are still some way from a position where there are robust arrangements in place for the long term preservation of digital copies of all issues of all journal titles so that they remain accessible for future generations. ”

“ The NSF Office of Cyberinfrastructure [91] is encouraging institutions to preserve and curate digital objects for scientific research and education. Google is also reportedly piloting a project for free hosting of large open collections of scientific data.
A growing number of initiatives concerning digital preservation and curation can be leveraged by the OER community. We suggest, however, that Hewlett be engaged in identifying needs and intentional in building partnerships in this area. ”

“ Preservation is a core function of academic and research libraries. It involves not only rescuing items from physical decay, but also coping with the rapid pace of change in media formats and reading technologies. Even when libraries retain the originals of preserved items, digital surrogates can spare the original items the wear and tear that access necessarily inflicts. ”

“ We should coordinate with kindred efforts less directly concerned with access to research, such as copyright reform, orphan works, digital preservation, digitizing print literature, evidence-based policy-making, the freedom of speech, and the evolution of libraries, publishing, peer review, and social media. We should look for ways to amplify our separate voices when defending common principles. ”

“ We must be mindful of the special needs of electronic records, just as for paper and special media, which require both access and protection, the preservation and conservation routines which care for the physical object to extend its life, usually through providing an appropriate storage environment. ”

“ It is fair use to make digital copies of collection items that are likely to deteriorate, or that exist only in difficult-to-access formats, for purposes of preservation, and to make those copies available as surrogates for fragile or otherwise inaccessible materials. ”

“ The Workshop was also valuable to attendees—including those involved with American Memory—who came less committed to particular approaches or concepts. These attendees learned a great deal, and plan to select and employ elements of imaging, text-coding, and networked distribution that suit their respective projects and purposes.
Still, reality rears its ugly head: no breakthrough has been achieved. On the imaging side, one confronts a proliferation of competing data-interchange standards and a lack of consensus on the role of digital facsimiles in preservation. ”

“ And more and more print books were scanned to be included in digital bookstores and libraries.
At the end of the 1990s, there were no reliable statistics yet proving that the large-scale use of computers and electronic documents would make us paperless and save some tress, as hoped by all of us who believe in nature preservation. We were still in a transition period. Many people still needed a print version for easier reading, or to keep track of a document in case the electronic file was accidentally deleted, or to have some paper support for their documentation or archives. ”

“ Computer programs, except video games, that have been lawfully acquired and that are no longer reasonably available in the commercial marketplace, solely for the purpose of lawful preservation of a computer program, or of digital materials dependent upon a computer program as a condition of access, by an eligible library, archives, or museum, where such activities are carried out without any purpose of direct or indirect commercial advantage. ”

“ The people's governments at all levels shall formulate informatization plans covering the informatization of archives, and ensure secured preservation and effective use of digital archival resources such as electronic archives and digitized traditional archives.
Archival repositories, state organs, groups, enterprises, public institutions, and other organizations shall promote the informatization of archives and ensure the security of archived information. ”

“ The work is owned by the library asked to make the copy, and The digital version is used internally Section 108 (b) permits a library to reproduce an unpublished work for the purpose of preservation and security, or for deposit for research use in another library, if the library making the reproduction owns a copy of the work. The three copies may be in any format, including digital. ”

“ The policy does not consider that copyright in digital surrogates and data may frustrate these goals by erecting new boundaries that are geographic (e.g., UK copyright law) , cultural (e.g., Museum oversight around reuse) and economic (e.g., licensing fees to access and reuse images) . Instead it focuses on digital access (rather than open access) around an ambition “to create full machine-readable metadata and digital surrogates of our unique collections and make them available and discoverable online, and to preserve and safeguard them for future generations” (italics added) . ”

“ Since in BATTIN'S opinion the near-term prognosis for reliable archival standards, as defined by librarians in the analog world, is poor, two alternatives remain: standing pat with the old technology, or reconceptualizing.
Preservation concerns for electronic media fall into two general domains. One is the continuing assurance of access to knowledge originally generated, stored, disseminated, and used in electronic form. ”

“ The creation of a common European data space for cultural heritage will give the cultural heritage institutions the possibility to build on the scale of the single market, in line with the European data strategy. It will foster the reuse of content and spur creativity in various sectors, with value for the whole economy and society. In particular, it will provide high quality content and efficient, trusted and easy-to-use access to European digital cultural heritage assets. ”

“ One of the advantages for technology and for the CLASS Project is that the information in brittle books is mostly out of copyright and thus offers an opportunity to work with material that requires library preservation, and to create and work on an infrastructure to save the material. Acknowledging the familiarity of those working in preservation with this information, PERSONIUS noted that several things are being done: the primary preservation technology used today is photocopying of brittle material. ”

“ Once copyright expires, the work enters the public domain and is available for anyone to reuse for any purpose. [1] In this way, the public domain is a central part of the copyright bargain and its availability produces a wider benefit to society: public domain works can be reused to create new knowledge and cultural goods that enrich social welfare and invigorate the local economy. Considering these aspirations align with public missions, GLAMs around the world are in the process of updating digital remits and strategies to feature these goals for digitised public domain collections. ”

“ But the assumption that the chain of causation is too attenuated to justify the use of functionality to determine the level of scrutiny, at least in this context, is not.
Society increasingly depends upon technological means of controlling access to digital files and systems, whether they are military computers, bank records, academic records, copyrighted works or something else entirely. ”

“ For myself and many colleagues, a major incentive to engage with digital archiving was to seek a strategy for coping with an ever-increasing private collection of audio- and videotapes, originating from various research projects over the years, materials for which it became ever more difficult to find a machine that would allow the data to be used in the future. ”

“ The result is that copyright is assumed to subsist in far more materials than it should, which impacts not only assessments of digital collections and materials created around works known to be out-of-copyright and/or in the public domain, but also assessments of whether copyright subsists in physical collections and materials for which the potential rightsholder is alive or has died within 70 years. Not everything is protected by copyright from the moment of creation. ”

“ GLAMs have real and serious concerns around the resources required to digitise, prepare and publish collections, including the fear that open access poses risks to commercial partnerships and income that is direly needed. Many expressed desires for new research on open access business models that can support creative opportunities while taking a holistic approach to asset creation, management and open access goals. How open access to the digital national collection can support the UK economy. ”

“ We reject these arguments und conclude that the district court correctly sustained Google’s fair use defense.
Google’s making of a digital copy to provide a search function is a transformative use, which augments public knowledge by making available information about Plaintiffs’ books without providing the public with a substantial substitute for matter protected by the Plaintiffs’ copyright interests in the original works or derivatives of them. ”

“ Second, CC0 datasets published to the public domain require levels of digital literacy or expertise to ingest data, run queries, build apps and make other uses.
Third, digital collections published under open licences and public domain tools are receiving greater attention than those restricted by rights and technical protection measures. For example, open GLAMs have observed wider image circulation and reuse via unforeseen external platforms. These external interfaces produce new data on unexpected reuse of and interest in the collection. ”

“ Making materials accessible through electronic reserve systems raises significant copyright issues. Electronic reserve operations include the making of a digital version of text, the distribution and display of that version at workstations, and downloading and printing of copies. The complexities of the electronic environment, and the growing potential for implicating copyright infringements, raise the need for a fresh understanding of fair use. ”

“ The fair use case will be even stronger where items to be digitized consist largely of works, such as personal photographs, correspondence, or ephemera, whose owners are not exploiting the material commercially and likely could not be located to seek permission for new uses. Libraries should consider taking technological steps, reasonable in light of both the nature of the material and of institutional capabilities, to prevent downloading of digital files by users, or else to limit the quality of files to what is appropriate to the use. ”

“ Legal developments abroad that support a robust public domain may have no effect in UK law, but they will undoubtedly impact user behaviour in the UK, and globally. As US and EU GLAMs increasingly publish collections to the public domain, user groups, research activities and reuse interest (both general and commercial) will increasingly shift to these digital markets. This reality poses risks to the digital relevance of UK collections and how heritage collections can boost the UK economy, particularly if the question of copyright goes unresolved in the UK.
2.4.1. ”

“ At least one example extends this claim to even the persons depicted in the artwork. The combined effect across GLAMs is to significantly limit the ways in which the public can use digital collections for a range of typical purposes, as well as atypical and innovative purposes, like computational data and/or as a medium to create new cultural works and knowledge. ”

“ The research found the dependence on high quality images and the copyright costs associated with them negatively impact the field of art history and are serious impediments to the productive development of digital publications for art history. ”

“ The development of the Digital Library will enable the British Library to embrace the digital information age. Digital technology will be used to preserve and extend the Library's unparalleled collection. Access to the collection will become boundless with users from all over the world, at any time, having simple, fast access to digitized materials using computer networks, particularly the internet. ”

“ Others may have identifiable owners, but are in practice neglected, unavailable in the digital marketplace and with no plan for revitalization in modern formats. For all, it means that they are not fully meeting the basic goals of copyright to promote “the Progress of Science and the useful Arts.” [21] Their unavailability online benefits neither creators nor the reading public.
So, how can libraries provide access? First, we start with a detailed look at the two fundamental copyright law doctrines that already empower libraries to fulfill their missions: first sale and fair use. ”

“ Google’s storage of digital copies exposes Plaintiffs to the risk that hackers will make their books freely (or cheaply) available on the Internet, destroying the value of their copyrights; and (5) Google’s distribution of digital copies to participant libraries is not a transformative use, and it subjects Plaintiffs to the risk of loss of copyright revenues through access allowed by libraries. ”