Hi Sondra,

how're things?

My NZTronix team's attempts to preserve early NZ computer games might make a 
nice example/case study.  I have a paper on this in the August 2009 issue of 
Convergence (a special issue on digital preservation and cultural memory) which 
details some of the difficulties we had with copyright.  There's a draft online 
at http://melanieswalwell.backpackit.com/pub/1661043

Probably most interesting were the cases where our inability to positively 
determine who owned historic copyrights (eg. when companies got wound up in the 
80s) meant that such titles didn't get preserved.  Basically, the paper trail 
goes cold early on.  Even with the permission of the authors of such software 
titles (who may or may not still own copyright, and often aren't sure 
themselves), my collaborator Susan Corbett (IP lawyer at VUW) who attempted 
tracing the owners felt that this was not adequate.  Early software titles such 
as those we worked with are effectively in a legal no man's land...  There need 
to be some provisions so that if you've tried locating the owner and failed, 
you can still undertake preservation work.

Susan's 2007 submission to the Select Committee is at 
http://www.nztronix.org.nz/Corbett_Digital_copyright_submission.pdf

Melanie 

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