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I share the author's excitement about the opportunities for access to public domain materials that are being facilitated through information and communication technologies such as the Web. His statement that "it is effectively available to the public only to the degree that it is online," however, is both misguided and false. There is and will continue to be a massive body of public domain materials that cannot realistically be digitized.
Scanning, processing, managing and preserving images of paper documents is not a trivial task. If you consider the millions of pieces of paper held by many libraries and archives, it quickly becomes obvious that access, through the Internet, to digitized version of everything is not a realistic goal.
Even more importantly, focusing to closely on such a goal will require such institutions to reallocate resources that are needed for other purposes. Digitization is important and valuable, but it is not the only thing that libraries and archives do, even when it comes to digital materials. I can't imagine that anyone who's ever worked in a library would be willing to admit to the statement: "Libraries have the budgets and they have the mission to support the digital future, but do they have the will?" They have the budgets to address some aspects of the digital future, but this involves tradeoffs.
The recommendation that “the Library of Congress can put the digitizing of public-domain works on the fast track" should be balanced against the needs of institutions like LC to manage the growing body of materials that are “born digital,” i.e. published digitally in the first place. This is a massive undertaking (see: http://www.digitalpreservation.gov/ndiipp/), which could not happen if LC were to decide to channel all of its resources into the digitization of its paper documents.
The Internet Bookmobile is a terrific undertaking, and I laud Brewster Kahle and others for demonstrating the amazing value of such efforts. I also agree that the public domain should be expanded, not contracted. But we should not lose sight of real-world limitations, which librarians and archivists face on a daily basis. Advocates for a rich public domain should recognize that the right to access, copy and distribute analog materials will continue to be a necessity, regardless of whether or not it is feasible to share the materials on the Internet.
- Cal Lee
University of Michigan
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