Carol Dunn (
Thu, 8 Jun 2000 13:30:26 -0700 (PDT)

Can I ask a question? We presently have a 1961 recording on an old 45 vinyl record. It is a song
sang by a local choir. We had a company put it on a compact disc for us. I
would like to put it on our webpage on a MP3 file. Is this legal if the company is no
longer in business? The people listed on the record have all passed away.
Any suggestions or comments appreciated.
Carol Dunn
AV Librarian, NT Administrator and Webmaster
Findlay-Hancock County Public Library
206 Broadway
Findlay, Ohio 45840
419.422.1712 Ext. 217

-----Original Message-----
From: Gary Handman []
Sent: Thursday, June 08, 2000 3:04 PM
To: Multiple recipients of list
Subject: Re: 3/4 inch replacements

The jury is sorta out on this one... while the c. law deals with making
tape copies of phonodiscs as archival backups, there's really nuthin'
analogous in the law about videos (all that's there is the damn
derivative work right of the c. holder, which does nothing for us, of

That said, I think it is perfectly reasonable to go ahead and make a
replacement copy of a work which is physically at risk and no longer
available on the open market. I'd be sure your attempt to score a
replacement at fair market value is at least somewhat documented. I'd
only make <underline>one</underline> copy; and I don't think I'd
circulate the original.

At 11:41 AM 06/08/2000 -0700, you wrote:


<excerpt><smaller>After having documented that the program is no longer
available for purchase, and documenting attempts to contact the original
producers (assuming such attempts are futile) for permission to duplicate
to VHS, is she not then reasonably assured that duplicating a set of the
series, and then discarding the 3/4" originals, would be permissible?

Just wondering,

Gail B. Fedak

Instructional Media Resources

Middle Tennessee State University

Murfreesboro, TN 37132

phone 615-898-2740

fax 615-898-2530

email <<>



Gary Handman


Media Resources Center

Moffitt Library

UC Berkeley 94720-6000

"Everything wants to become television" (James Ulmer -- Teletheory)