Copyright and Sound
Recordings
Resolved by the Board of Directors, Association for Recorded Sound
Collections, Inc.
October 26, 2005
Sound recordings are a vital part of America’s, and the world’s,
cultural heritage. Since the first examples were created more than one
hundred years ago they have served as a reflection of cultural and social
history, captured and preserved in a uniquely compelling manner. History
speaks to us, in its own voice, through sound recordings.
Whereas one of the principal purposes of the Association is to “foster
recognition and use of sound recordings as sources of information by
students and research scholars” (Bylaws, II.c); and
Whereas another purpose is to “develop standards of bibliographic
control and access to cooperating sound recordings collections assembled
for research or instructional purposes” (Bylaws, II.e); and
Whereas another purpose is “to foster improvement of techniques
for the reproduction, storage and preservation of sound recordings”
(Bylaws, II.f);
The Association for Recorded Sound Collections finds that several provisions
of U.S. copyright law impede the effective preservation of historic
recordings and unduly restrict public access to those recordings.
The Association recognizes the valid purposes of copyright in rewarding
creators of recordings with a temporary exclusive right to the exploitation
of those recordings, thus encouraging them to create. However, the Association
believes strongly that neither creators nor the public are served by
excessively long monopoly periods, especially those that exceed the
period of commercial viability, or by restrictions on access to recordings
that rights holders do not wish to exploit. The Association believes
that both state and federal copyright terms for sound recordings are
excessively long.
Regarding preservation, the Association believes that current copyright
laws and regulation should be modified to eliminate many of the restrictions
present in the law. For example, current law limits duplication to materials
that are already damaged or deteriorating (sec. 108(c)), which virtually
assures sonically deficient archive copies; and limits archives to no
more than three backup copies, which does not take into account the
need for distributed copies, mirror sites, and backups in order to responsibly
maintain digital repositories of files created in a preservation environment.
There should be no legal barriers to the professional reformatting
and preservation of published and unpublished historical recordings,
with copies of the best possible quality sustained in perpetuity so
that humanity’s aural heritage may remain accessible for study
and enjoyment.
Regarding dissemination, the Association believes that copyright law
should encourage and facilitate the widest possible dissemination of
out-of-print recordings, whether by physical reissues using modern technology
(e.g., CDs), Internet availability, or other means.
The Association is concerned about the large number of older recordings
originally produced for commercial purposes that are now virtually inaccessible
due to current laws. The Association notes that hundreds of thousands
of historical recordings are controlled by rights holders who have shown
little commitment to the preservation or dissemination of these recordings.
The Association believes that when rights holders choose not to make
historical recordings accessible, or are unknown, institutions and individuals
should be permitted and encouraged to make those recordings available,
on reasonable terms and without undue risk or encumbrance.
The Association believes that facilitating dissemination would serve
to foster appreciation of our recorded cultural heritage by making recordings
generally available for study, as well as increase the likelihood of
the survival of the sounds embodied in those recordings.
The Association strongly urges that these concerns be taken into consideration
in copyright legislation.
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