Regards
Jessica
----------
----------
>From: Deg Farrelly <DEG.FARRELLY@asu.edu>
>To: Multiple recipients of list <videolib@library.berkeley.edu>
>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
>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
>>
>