RE: MP3

John Warren (jwarren@henninger.com)
Thu, 8 Jun 2000 14:15:09 -0700 (PDT)

You have some tricky legal questions here. I would advise checking the
Library of Congress's web page on copyright. I think, that if they didn't
register it with the copyright office or if there was no copyright notice on
the original, then it should be public domain - but I'm not an expert.

John Warren

-----Original Message-----
From: videolib@library.berkeley.edu [mailto:videolib@library.berkeley.edu]On
Behalf Of Carol Dunn
Sent: Thursday, June 08, 2000 4:30 PM
To: Multiple recipients of list
Subject: MP3

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)