DMCA question

[David Campbell]

Sibley has released a number of items I thought would not be PD anywhere with the following notice:

Digital images made available during the final 20 years of US copyright in accordance with the Digital Millennium Copyright Act.

As an example, the Pastoral Psalms by Seth Bingham (1882 - 1972) published in 1938.

http://hdl.handle.net/1802/29810

How is this material now qualifying for PD status? Would it be allowed on IMSLP? What other material might qualify? Many thanks for any clarification.

[Carolus]

It's not public domain but is allowed under Section 108 of the US copyright law as amended by the DMCA. Only publicly-funded libraries or those with non-profit status are eligible. Bingham is under copyright in Canada until 2023. Works published between 1923 and 1942 (last 20 years) and not commercially available can be made available under these provisions.

[David Campbell]

Thanks for your reply. Would IMSLP qualify as an achive, allowing this material to be available from the US server?

[Carolus]

I expect we don't qualify. Though it might be interesting to look in the CFR to see how they define who does.