Cracking the Copyright Dilemma in Software Preservation: Protecting Digital Culture Through Fair Use Consensus

Butler, B., Aufderheide, P., Jaszi, P., and Cox, K., "Cracking the Copyright Dilemma in Software Preservation: Protecting Digital Culture Through Fair Use Consensus," Journal of Copyright in Education and Librarianship, Volume 3, Issue 3, 2019

24 Pages Posted: 14 Nov 2019 Last revised: 19 Nov 2019

See all articles by Brandon Butler

Brandon Butler

University of Virginia Library

Patricia Aufderheide

American University - School of Communication

Peter A. Jaszi

American University - Washington College of Law

Krista L. Cox

Notre Dame Law School; Association of Research Libraries

Date Written: October 2, 2019

Abstract

Copyright problems may inhibit the crucially important work of preserving legacy software. Such software is worthy of study in its own right because it is critical to accessing digital culture and expression. Preservation work is essential for communicating across boundaries of the past and present in a digital era. Software preservationists in the United States have addressed their copyright problems by developing a code of best practices in employing fair use. Their work is an example of how collective action by users of law changes the norms and beliefs about law, which can in turn change the law itself insofar as the law takes account of community norms and practices. The work of creating the code involved facilitators who are communication, information sciences, and legal scholars and practitioners. Thus, the creation of the code is also an example of crossing the boundaries between technology and policy research.

Keywords: software preservation, software, copyright, fair use, best practices 

JEL Classification: K10, K20, Z10, Z13

Suggested Citation

Butler, Brandon and Aufderheide, Patricia and Jaszi, Peter A. and Cox, Krista L. and Cox, Krista L., Cracking the Copyright Dilemma in Software Preservation: Protecting Digital Culture Through Fair Use Consensus (October 2, 2019). Butler, B., Aufderheide, P., Jaszi, P., and Cox, K., "Cracking the Copyright Dilemma in Software Preservation: Protecting Digital Culture Through Fair Use Consensus," Journal of Copyright in Education and Librarianship, Volume 3, Issue 3, 2019, Available at SSRN: https://ssrn.com/abstract=3481327

Brandon Butler

University of Virginia Library ( email )

Nau Hall - South Lawn
Charlottesville, VA 22904
United States

Patricia Aufderheide (Contact Author)

American University - School of Communication ( email )

4400 Massachusetts Ave, NW
Washington, DC 20016
United States
202-885-2069 (Phone)

HOME PAGE: http://cmsimpact.org

Peter A. Jaszi

American University - Washington College of Law ( email )

4300 Nebraska Avenue, NW
Washington, DC 20016
United States

Krista L. Cox

Association of Research Libraries ( email )

Washington, DC

Notre Dame Law School ( email )

Notre Dame, IN 46556-0780
United States

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