Re: MP3

Dan Donnelly (d-donn@maroon.tc.umn.edu)
Thu, 8 Jun 2000 14:07:30 -0700 (PDT)

Carol,

Doesn't sound entirely legal. I don't think it's analogous to the dubbing question Gary's replied to. But, from a risk assessment perspective your case may present little potential to get sued. Question, why do you want to deliver MP3? I know the're lots of players available to Web users but unless you really need CD quality sound, streaming, (RealAudio is ubiquitous) might lower your legal risk even more, since it doesn't deliver a downloadable file.

Dan Donnelly

At 01:30 PM 6/8/2000 -0700, you wrote:
>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 [SMTP:ghandman@library.berkeley.edu]
>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
>course).
>
>
>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 <<mailto:gfedak@mtsu.edu>gfedak@mtsu.edu
>
></smaller>
>
></excerpt><<<<<<<<
>
>
>
>
>Gary Handman
>
>Director
>
>Media Resources Center
>
>Moffitt Library
>
>UC Berkeley 94720-6000
>
>http://www.lib.berkeley.edu/MRC
>
>
>"Everything wants to become television" (James Ulmer -- Teletheory)
>
>
>
Dan Donnelly, Library Manager
Learning Resources Center
University of Minnesota Libraries
612.624.6536

--
mailto:d-donn@tc.umn.edu