Does right to make a "video" copy = a DVD copy?

SDavies@MtRoyal.AB.CA
Tue, 3 Apr 2001 16:02:37 -0700 (PDT)

We have hung on to our _Three approaches to psychotherapy_ thru
several generations of copying. We paid the Everett Shostrom Co.
(Psychological & Educational Films) for the right to copy our 16mm to 3/4",
and again a few years later to copy the 3/4" to another video copy up to
three times. It's my impression that this series has fallen between the
cracks and there is no one with whom to negotiate more copies.

As we approach the need to copy these valuable programs for a third
and final time, I'm wondering if the wording of our contract is loose
enough to allow us to make a DVD copy.

Here's the text:
<<<
Mount Royal College is authorized to make one to three video copies of the
previously purchases films(s):

"Three approaches to psychotherapy"

This authorizes classroom and lab use by faculty and students, for the life
of the tape(s), only at and by the college, university or organization
purchasing this authorization.

This authorization does not include the right to electronically transmit,
or to loan or rent the tapes (or the originally purchased film print(s)) to
other persons or organizations.
>>>

I know the wording says "life of the tapes", but the authorization
says "video copies". Could that be stretched to a DVD copy? DVDs didn't
exist in 1990, the last time we had contact with the production company.

How would you interpret the situation where we are prepared to pay a
third time for copying rights, but cannot find anyone with whom to
negotiate? Should we just record our attempts to find the company, then do
whatever we need to do?

Stephen Davies
Mount Royal College, Library
mailto:SDavies@mtroyal.ab.ca