International copyright issues in digital preservation

Abstract

The goal of this chapter is to review various legal concepts of copyright as they relate to digital preservation. Three topics in digital preservation have been chosen for comparison and analysis: reproductions and their use, technological protection measures (TPMs), and orphan works or abandonware. The chapter focuses on three national and regional legal frameworks in Canada, the US, and the European Union (EU) and examines how each respectively handles the issues for each of the chosen topics. Similarities and differences are identified and areas where legal opinion may be vastly different are highlighted and explored.