Abstract
As the published record shifts to digital formats, the mechanisms that have ensured long-term preservation are breaking down. Most libraries acquire digital materials through licensing agreements that prohibit preservation copying, format migration, and interlibrary loan—contractually overriding the exceptions Congress enacted in the Copyright Act. The Library of Congress occupies a unique position: Through statutory deposit under 17 U.S.C. §§ 407 and 408, it collects copyrighted works pursuant to federal law rather than license agreements, and deposited copies become federal property under § 704, free from contractual restrictions. This Article examines how the Library’s deposit authority can be strengthened after the D.C. Circuit’s decision in Valancourt Books v. Garland, which appears to constrain the Copyright Office’s ability to require deposits for registration. The Article argues that § 704’s transfer of ownership provides the Library with inherent preservation authority and proposes that both registration deposit (§ 408) and mandatory deposit (§ 407) can be structured to satisfy constitutional requirements by offering copyright holders the genuine alternative of voluntary public domain dedication.
Recommended Citation
Hansen, Dave
(2026)
"The Library of Congress’s Essential Role in Digital Preservation: Reconceiving Mandatory Deposit After Valancourt,"
Seattle University Law Review Online: Vol. 49, Article 7.
Available at:
https://digitalcommons.law.seattleu.edu/sulro/vol49/iss1/7