Archival copies of 16mm

Deg Farrelly (DEG.FARRELLY@asu.edu)
Tue, 1 Aug 2000 11:06:43 -0700 (PDT)

While I appreciate and understand Jessica's response to this
question, provisions in the US Copyright law *specifically* permit a
library to make a duplication of an out-of-print item, under certain
conditions.

The law specifies that a duplicate copy or phonorecord may be made
when an unused replacement cannot be obtained at a fair price, after a
reasonable serach. Nothing in the law requires securing the copyright
holder's permission prior to making the copy. Other conditions apply,
however, such as the institution being a library, and providing access for
research.

US Code, Title 17, Section 108 reads, in part:

Sec. 108. Limitations on exclusive rights: Reproduction by libraries and
archives

(a) Except as otherwise provided in this title and notwithstanding
the provisions
of section 106, it is not an infringement of copyright for a
library or archives, or
any of its employees acting within the scope of their employment,
to reproduce
no more than one copy or phonorecord of a work, except as provided
in
subsections (b) and (c), or to distribute such copy or
phonorecord, under the
conditions specified by this section, if -
(1) the reproduction or distribution is made without any

purpose of direct or indirect commercial advantage;
(2) the collections of the library or archives are (i)
open to
the public, or (ii) available not only to researchers
affiliated
with the library or archives or with the institution of
which it
is a part, but also to other persons doing research in a

specialized field; and
(3) the reproduction or distribution of the work
includes a
notice of copyright that appears on the copy or
phonorecord that
is reproduced under the provisions of this section, or
includes a
legend stating that the work may be protected by
copyright if no
such notice can be found on the copy or phonorecord that
is
reproduced under the provisions of this section.

<snip>

(c) The right of reproduction under this section applies to three
copies or
phonorecords of a published work duplicated solely for the purpose
of
replacement of a copy or phonorecord that is damaged,
deteriorating, lost, or
stolen, or if the existing format in which the work is stored has
become obsolete,
if -
(1) the library or archives has, after a reasonable
effort,
determined that an unused replacement cannot be obtained
at a
fair price; and
(2) any such copy or phonorecord that is reproduced in
digital
format is not made available to the public in that
format outside
the premises of the library or archives in lawful
possession of
such copy. For purposes of this subsection, a format
shall be considered
obsolete if the machine or device necessary to render
perceptible a work
stored in that format is no longer manufactured or is no
longer reasonably
available in the commercial marketplace.

Read the entire section 108 on the Cornell site:

http://www4.law.cornell.edu/uscode/17/

deg farrelly, Associate Librarian
Media / Women's Studies / Communication Studies /
Document Delivery Program Manager
Arizona State University West
4701 West Thunderbird Road, P.O. Box 37100
Phoenix, Arizona 85069-7100
Phone: 602.543.8522 | Fax: 602.543.8540 | E-Mail: deg@asu.edu

> Date: Mon, 31 Jul 2000 11:02:42 +0000
> From: "Jessica" <jesskino@redconnect.net>
> To: videolib@library.berkeley.edu
> Subject: Re: Archival Copies
> -Transfer-Encoding: 7bit
>
> Well you need to do a copyright search to determine the legal status of
> the
> film. Films are out of print for many reasons Disney pulls their animation
> on 7 year cycles, many foreign films lose their American distribution
> rights
> and sometimes a rights holder just does not bother to replace copies.
> If this is a feature film you would have to get the copyright holders
> permission to make any copies.
> Many educational films may never have been copyrighted or the rights may
> have lapsed. There are people who can do a simple search for copyright at
> library of congress. I don't know the fee involved but it is not that
> high.
> I would start by determining the copyright and that should determine what
> you can do after that
>
> jessica rosner
> Kino
> ----------
> >From: "LeeAnne Krause" <LLKRAUSE@gwm.sc.edu>
> >To: Multiple recipients of list <videolib@library.berkeley.edu>
> >Subject: Archival Copies
> >Date: Mon, Jul 31, 2000, 3:45 PM
> >
>
> >Does anyone know, what are the procedures for making archival copies of
> >films? For example, if we found a rare or out of print 16mm in our
> >collection, are there any hoops we need to jump through to make a copy
> for
> >circulation?
> >
> >Thanks for your expertise!
> >LeeAnne Krause
> >U of S. Carolina Film Library
>