Library of Congress: Copyright is killing sound archiving

In 2000, the US National Recording Preservation Act mandated the Library of Congress to conduct an in-depth study on the state of audio preservation and archiving. The Library has finished its study and one of its most damning conclusions is that copyright — not technical format hurdles — are the major barrier to successful preservation. Simply put, the copyright laws that the recording industry demanded are so onerous that libraries inevitably have to choose whether to be law-breakers or whether to abandon their duty to preserve and archive audio.

"Were copyright law followed to the letter, little audio preservation would be undertaken. Were the law strictly enforced, it would brand virtually all audio preservation as illegal," the study concludes, "Copyright laws related to preservation are neither strictly followed nor strictly enforced. Consequently, some audio preservation is conducted."

While libraries supposedly have some leeway in preserving audio recordings, they find it "virtually impossible to reconcile their responsibility for preserving and making accessible culturally important sound recordings with their obligation to adhere to copyright laws". The problem is that the current provisions in law for audio preservation are "restrictive and anachronistic" in our current digitial age.

There are more problems. While the recording industry undertakes some preservation, they will only preserve those recordings from which they think they might profit in the future (what a surprise). For instance, consider a researcher working on vaudeville who may be interested in vaudevillian recordings on cylinders.

"These performers may have been headliners in their time, but today their names are virtually unknown," the study details, "While scholarly interest in these recordings is high, their economic value to the property holder is negligible. However, legal restrictions governing access to a cylinder produced in 1909 are the same as those governing a compact disc made in 2009, even though it is highly unlikely that the 1909 recording has any revenue potential for the rights holder."