In Copyright Protection That Serves to Destroy, Terry Teachout lays out some of the fundamental issues surrounding the preservation of art, in particular focusing on recorded sound:
Nowadays most people understand the historical significance of recorded sound, and libraries around the world are preserving as much of it as possible. But recording technology has evolved much faster than did printing technology—so fast, in fact, that librarians can’t keep up with it. It’s hard enough to preserve a wax cylinder originally cut in 1900, but how do you preserve an MP3 file? Might it fade over time? And will anybody still know how to play it a quarter-century from now? If you’re old enough to remember floppy disks, you’ll get the point at once: A record, unlike a book, is only as durable as our ability to play it back.
Digital preservation is already a big problem for current librarians, and not just because of the mammoth amounts of digital data being produced. Just from a simple technological perspective, there are many non-trivial challenges. Even if the storage medium/reading mechanisms remain compatible over the next century, there are nontrivial challenges with ensuring these devices will remain usable that far into the future. Take hard drives. A lot of film and audio (and, I suppose books these days too) are being archived on hard drives. But you can’t just take a hard drive and stick it on a shelf somewhere and fire it up in 30 years. Nor should you keep it spinning for 30 years. It requires use, but not constant use. And even then you’ll need to ensure redundancy because hard drives fail.
Just in writing that, you can see the problem. Hard drives clearly aren’t the solution. Too many modes of failure there. We need something more permanent. Which means something completely new… and thus something that will make hard drives (and our ability to read them) obsolete.
And that’s from a purely technological perspective. They’re nontrivial, but I’m confident that technology will rise to the challenge. However, once you start getting into the absolutely bonkers realm of intellectual property law, things get stupid really fast. If technology will rise to the challenge, IP owners and lawmakers seem to be engaged in an ever-escalating race to the bottom of the barrel:
In Europe, sound recordings enter the public domain 50 years after their initial release. Once that happens, anyone can reissue them, which makes it easy for Europeans to purchase classic records of the past. In America, by contrast, sound recordings are “protected” by a prohibitive snarl of federal and state legislation whose effect was summed up in a report issued in 2010 by the National Recording Preservation Board of the Library of Congress: “The effective term of copyright protection for even the oldest U.S. recordings, dating from the late 19th century, will not end until the year 2067 at the earliest.… Thus, a published U.S. sound recording created in 1890 will not enter the public domain until 177 years after its creation, constituting a term of rights protection 82 years longer than that of all other forms of audio visual works made for hire.”
Among countless other undesirable things, this means that American record companies that aren’t interested in reissuing old records can stop anyone else from doing so, and can also stop libraries from making those same records readily accessible to scholars who want to use them for noncommercial purposes. Even worse, it means that American libraries cannot legally copy records made before 1972 to digital formats for the purpose of preservation…
Sheer insanity. The Library of Congress appears to be on the right side of the issue, suggesting common-sense recommendations for copyright reform… that will almost certainly never be enacted by IP owners or lawmakers. Still, their “National Recording Preservation Plan” seems like a pretty good idea. Again, it’s a pity that almost none of their recommendations will be enacted, and while the need for Copyright reform is blindingly obvious to anyone with a brain, I don’t see it happening anytime soon. It’s a sad state of affairs when the only victories we can celebrate in this realm is grassroots opposition to absurd laws like SOPA/PIPA/ACTA.
I don’t know the way forward. When you look at the economics of the movie industry, as recently laid out by Steven Soderberg in a speech that’s been making the rounds of late (definitely worth a watch, if you’ve got a half hour), you start to see why media companies are so protective of their IP. As currently set up, your movie needs to make 120 million dollars, minimum, before you start to actually turn a profit (and that’s just the marketing costs – you’d have to add on the budget to get a better idea). That, too, is absurd. I don’t envy the position of media companies, but on the other hand, their response to such problems isn’t to fix the problem but to stomp their feet petulantly, hold on to copyrighted works for far too long, and to antagonize their best customers.
That’s the irony of protecting copyright. If you protect it too much, no one actually benefits from it, not even the copyright holders…