Re: Archival copies of 16mm

Jessica (
Tue, 1 Aug 2000 11:49:10 -0700 (PDT)

Frankly Deb this has never been tested in court and I Guarentee that if you
tried to copy
FANTASIA because Disney had pulled it and would not sell a copy at "fair"
price they would sue
the pants off you. Films are NOT phonorecordings and I can think of no
conditions that a rights holder would allow someone to copy material just
because they wont make it available at a "fair" price. As usual I doubt
anyone would ever get caught copying material but that does not make it
legal.Also you are talking about copying to totally DIFFERENT format which
contrary to popular belief is NOT an obsolete format just one that maybe
inconvenient. Incidently without a copyright search you could never know who
owned the item and thus what the "price" of copy would be.


>From: Deg Farrelly <>
>To: Multiple recipients of list <>
>Subject: Archival copies of 16mm
>Date: Tue, Aug 1, 2000, 6:05 PM

> 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
> 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
> US Code, Title 17, Section 108 reads, in part:
>Sec. 108. Limitations on exclusive rights: Reproduction by libraries and
> (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
> 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
> 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
> reproduced under the provisions of this section.
> (c) The right of reproduction under this section applies to three
>copies or
> phonorecords of a published work duplicated solely for the purpose
> 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
> determined that an unused replacement cannot be obtained
>at a
> fair price; and
> (2) any such copy or phonorecord that is reproduced in
> 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:
>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:
>> Date: Mon, 31 Jul 2000 11:02:42 +0000
>> From: "Jessica" <>
>> To:
>> 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" <>
>> >To: Multiple recipients of list <>
>> >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