Re: MP3

Gary Handman (ghandman@library.berkeley.edu)
Fri, 9 Jun 2000 07:57:11 -0700 (PDT)

Having been cut in 61, it rather depends on whether the originators filed
for copyright (after 72, it doesn't really matter...anything set down in
fixed form has copyright). The fact that the company that produced the work
is outa business and that the singers are dead matters not one whit...

Nonetheless: if it were me, I'd go for it... You can always cease and
desist later.

By the way...just read about one of my favorite T-Shirt slogans of all time:

"Copyright Infringement: Your Best Entertainment Value!"

At 01:30 PM 06/08/2000 -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)
>
>
>
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)