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Copyrights and CD-Rs Endanger Audio History

SEWilco writes "A study by the Library of Congress has found that many audio recordings are being lost due to copyright restrictions and temporary media. Old audio recordings are protected by a various US state copyrights, so it's hard for preservationists to get and copy material. Recent data is threatened by being put on writable CDs, because CD-Rs begin to lose data after a few years, so recordings from as recently as 9/11 and the 2008 elections are already at risk."

13 of 202 comments (clear)

  1. Vanishing People by denshao2 · · Score: 5, Insightful

    We will be a mystery to archaeologists of the future.

  2. TheLibrarianBay.org by Anonymous Coward · · Score: 5, Insightful

    Rip those CDs, create a torrent, and share that torrent on thelibarianbay.org. Problem solved!

  3. Depends on the Discs by Oceanplexian · · Score: 5, Informative

    I have some optical media that's from ~2001. Most of it's just fine, even after a tortured life. I trust high quality optical media more than anything else.

    CDs are rarely an all-or-nothing affair. Even if you do lose data, you tend to not lose it all in one freak accident, not to mention solid state and magnetic media make fantastic paperweights after a solar storm.

    1. Re:Depends on the Discs by iluvcapra · · Score: 4, Informative
      Since CDs have Reed-Solomon and parity for error correction, and even if samples fail the player will interpolate, you can have a pretty ruined disk before it won't play anymore. It is all or nothing once it starts to fail though-- at the point the interpolation can no longer repair a dirty section, the CD will simply drop out.

      I also recently (yesterday actually!) opened an old DVD+R (with an HFS volume) from 2002 and rearchived it to a new DVD. It still read perfectly, but it's been stored in a cool dark place, and has been mounted maybe 10 times.

      --
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    2. Re:Depends on the Discs by fahrbot-bot · · Score: 4, Funny

      ...but it's been stored in a cool dark place, and has been mounted maybe 10 times.

      Sigh. I know how that feels.

      --
      It must have been something you assimilated. . . .
  4. holy shit REALLY? by Junior+J.+Junior+III · · Score: 5, Funny

    so recordings from as recently as 9/11

    Jesus Christ, that was just last month!

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  5. Not quite right by cappp · · Score: 4, Insightful
    Copyright doesn't have that effect at all. Infact the Digital Millenium Copyright Act specifically creates the option for libraries and archives to create copies for preservation. Check out the actual law which includes

    it is not an infringement of copyright for a library or archives, or any of its employees acting within the scope of their employment, to reproduce no more than one copy or phonorecord of a work, except as provided in subsections (b) and (c), or to distribute such copy or phonorecord, under the conditions specified by this section, if—

    (1) the reproduction or distribution is made without any purpose of direct or indirect commercial advantage;

    (2) the collections of the library or archives are
    (i) open to the public, or
    (ii) available not only to researchers affiliated with the library or archives or with the institution of which it is a part, but also to other persons doing research in a specialized field; and

    (3) the reproduction or distribution of the work includes a notice of copyright that appears on the copy or phonorecord that is reproduced under the provisions of this section, or includes a legend stating that the work may be protected by copyright if no such notice can be found on the copy or phonorecord that is reproduced under the provisions of this section.
    (b) The rights of reproduction and distribution under this section apply to three copies or phonorecords of an unpublished work duplicated solely for purposes of preservation and security or for deposit for research use in another library or archives of the type described by clause (2) of subsection (a), if—

    (1) the copy or phonorecord reproduced is currently in the collections of the library or archives; and
    (2) any such copy or phonorecord that is reproduced in digital format is not otherwise distributed in that format and is not made available to the public in that format outside the premises of the library or archives.

    If you're referencing personal preservation rights then you should read this article from the Standford Libraries on copyright and fairuse.

    1. Re:Not quite right by Anaerin · · Score: 5, Insightful

      Okay, great. So where is the (completely legal under US law) software that the Library of Congress can use to back up Blu-Rays that have been released recently? Or, indeed, legal (Under US law) software that they can use to back up DVDs? Nowhere, because such software is in direct conflict with the DMCA, and thus is illegal.

  6. Re:Library of Congress by Artifakt · · Score: 4, Interesting

    The Library of Congress used to have a goal of including complete hard copies, at least for items of US origin and 'good grade' (that is, they aimed to have copies of things such as hardback books that were intended to last, more than, say, ephemera such as the pulp magazines). However, that goal has become an obvious impossibility due to sheer volume. After about 1960, the library began being more selective.
                That's bad enough in some senses, but unfortunately, there's also a secondary effect. Pick a subject you know well, and go to the library, and examine the LOC page at the front of the book for a few dozen volumes of varying ages. That information will tell you if the book has been archived in the LOC, but it will also include other details, such as what topics it is indexed under. For example, a biography of Supreme Court Justice Thurgood Marshall might be indexed more specifically under 'Biographies of Prominent Americans' and not just 'Biography', and it might also be indexed under "Non-fiction', 'Legal Commentary', and "20th Century History". Many of these index terms were developed as a standard system, but that system seems to have more and more glitches with time. In general, you'll see more and more errors, both of accuracy and by simple omission, for the newer books. I don't know if there's any real explanation of why the indexing seems to become worse after the LOC gave up trying to have physical copies of all significant works, but many people think they have noticed a certain 'sloppyness'.
            For works such as audio or video recordings, it could be very hard to get any useful information if the same pattern holds. Imagine for example, researching video and 30% of all the westerns aren't indexed as westerns, while some documentary footage about life in the old west has been miss-classified as 'fiction' and 'western'. Then add there was also once a rule that anything shorter than 8 commercial reels was considered a short, but somebody forgot that rule about 1976 and started thinking it was anything under 30 minutes running time. Whatever the subject, problems such as these are likely to crop up.

    --
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  7. Re:300 years... by Nkwe · · Score: 4, Funny

    Memorex claims 300 year life for their fancy (expensive) archival CD-R and 100 years for DVD-R.

    Take that with a grain of salt, of course.

    I would recommend keeping salt and your archival CDs separate.

  8. The essential forgetting by symbolset · · Score: 5, Insightful

    It is essential to the people who will sell us our culture in the future that we forget all that has gone before. If we remembered our heritage it would be necesary to innovate new things. If we can't, then recycled things will suffice - which cuts down the production cost.

    The goal therefore of the media giants is to make us nye culturne. A people devoid of culture. They're having great success at this.

    An opposing project would be Musopen.

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    Help stamp out iliturcy.
  9. OOh. You've got media that lived nine years by symbolset · · Score: 5, Insightful

    That's like, forever, man.

    Kid, the Library of Congress was founded in 1800 - longer ago than your grandfather's grandfather's dad could remember. 210 years ago. Most of the stuff they had then, they still have now. They're not worried about preserving the top40 from your middle school days until you're disrespecting it in college. They want to be the repository for our culture forever. They're sort of like preemptive anthropologists and archaeologists. They know that you don't care but they're expecting that someone, someday will because cultural sensitivity is a cyclical thing.

    It's customary that new generations forget what has gone before and then rediscover it as if it were a new thing. This forgetting is not required. If we can quit forgetting then artists can stand on the shoulders of giants once again and build things of great and complex beauty like they once did.

    Given the current state of copyright though, you can't whistle any four notes in a row in public without getting sued. Anything like a symphony is right out.

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    Help stamp out iliturcy.
  10. Repeated but flawed assertion by Dogtanian · · Score: 4, Interesting

    We will be a mystery to archaeologists of the future.

    No we won't, and I'm tired of hearing this trite assertion repeated as a truism. This is one of those things that has become a meme because it sounds plausible, but under analysis it's flawed because it (a) disregards the massive proliferation of digital data and (b) misapplies digital fragility.

    To start off with, most artifacts and information from previous cultures have likely perished too. On top of this we're producing a staggering amount of information- or at least data- in general compared to previous generations.

    It's true that any given piece of data stored on a given digital medium is arguably at higher risk of being lost. But this disregards the fact that there may easily be multiple copies of that information stored elsewhere.

    However, the primary flaw is that it focuses on the fragility of any *specific* piece of digital information, e.g. that photo of your dog in a funny hat you have stored on a mouldering old CD-R is at serious risk of being lost forever. While that's true, it doesn't apply to this situation, because our future archaeologists or historians probably won't require specific pieces of information to have a decent idea of our culture- they'll merely require an adequately large arbitrary selection of such data to get a decent picture of who we were.

    And because there's so much data out there, we could probably lose 99.999% of the stuff at random and it'd still probably be far easier to reconstruct our culture than those that have gone before.

    So yeah, if one is worried about a particular hilarious photo of their dog, or any given film, or whatever... digital fragility is an issue. But using it to asssert that our culture is going to become a digital "black hole" to future generations is fundamentally flawed.

    We will not disappear from history- at least not for those reasons.

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