The National Archives and Records Administration (NARA) recently announced a deal that would permit Amazon to copy and then sell historic film and videotape from its vast documentary and newsreel collections. A Washington Post article gives the details of this "non-exclusive" agreement. This is troubling to a few folks out there who inherently distrust any venture that would allow a private company to make a profit from public domain material.
Personally, I welcome this sort of arrangement. NARA was careful to note that the arrangement is "non-exclusive," thus the public should be ensured the same access to this material that previously existed. My one experience with NARA with non-print material highlights the desirability of bringing third parties into the mix, even if there is a cost involved. A professor once asked me to get a copy of a Supreme Court oral argument from the 1960's. NARA does indeed keep such things, but does not provide copies of the tapes or transcripts. You are instead referred to a list of local vendors in the DC area who will then, for a fee, go to NARA and made a copy of the tape for you. All in all, it was an awkward process and I ended up paying for this public domain material anyway. So, I can live with Amazon.
An interesting hypothetical could arise if someone makes copies of a NARA film purchased through Amazon, and then either tries to resell these or otherwise makes them available without Amazon's consent. Would Amazon object? Would it have any basis to object?
