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A study released by a Library of Congress digital information program reviewed the impact of various laws on digital preservation of copyrighted works, reports Library Journal.  Proposals were offered for legislative reform, as well as suggestions for non-legislative solutions.

Suggestions included:

• That countries establish “laws and policies” to encourage and enable the digital preservation of at-risk copyrighted materials and that these apply to “all non-profit libraries, archives, museums and other institutions,” provided they do not seek commercial advantage;
• That preservation laws and policies apply equally to all categories of copyrighted materials, including “literary, artistic, musical and dramatic works, as well as motion pictures and sound recordings;”
• That laws cover all copyrighted materials in all media and formats, “hard copy or electronic, born digital or digitized for preservation;”
• That “preservation institutions” be allowed to actively harvest publicly available content (such as web sites) for preservation purposes;
• That “preservation institutions” be permitted to “proactively preserve at risk copyrighted materials before they deteriorate, are damaged or are lost.

The need for more significant research and discussion was also identified in order to form policies and best practices, including research “on the national level” to determine “whether and under what circumstances access to digital preservation copies can be provided without harm to right holders,” and “to reexamine the interaction between copyright and private agreements as it relates to digital preservation.”

Solutions in the digital preservation arena are increasingly urgent.  LJ notes that although the report recognizes that copyright and related laws as just one obstacle to digital preservation activities, it clarifies that “there is no question that those laws present significant challenges.”