Re: Copyright Questions

Gary Handman (ghandman@library.berkeley.edu)
Tue, 15 May 2001 11:03:33 -0700 (PDT)

At 08:28 AM 05/15/2001 -0700, you wrote:
>I would like to draw upon the wealth of knowledge available on the
>listserv to clear up a few related copyright questions that we have.

The copyright law does not specifically address this issue in relation to
video. It does address copyring of phonograph recording, however, and
that's the hook most of us have been using. See Title 17 US Code (The
copyright law) Sec. 108. Limitations on exclusive rights: Reproduction by
libraries and archives. The answers below are based roughly on that
section and on discussions over the years with the late Ivan Bender and
others...

>1. We have a VHS copy, in excellent condition, of an out-of-print
>title. An instructor has requested that we make a second copy to
>accommodate his large classes. Can we legally make a copy of this
>title?

You can probably make a copy of an item at physical risk which has been
determined to be unavailable at fair market prices. You cannot, I believe,
put both the original and the copy into play (in other words, I think it'd
be ok to make a working copy of an OP item, but the original should not be
circulated)

>2. We have a 16mm copy of an out-of-print title that we legally copied
>on to VHS. The same instructor has requested that we make two additional
>copies of this title to accommodate the same class. How many copies of
>an out-of-print title can we legally make?

one

>3. Where might I find a reference to these two questions/answers in the
>copyright law for our future copyright questions?

The copyright law does not specifically address this issue in relation to
video. It does address copyring of phonograph recording, however, and
that's the hook most of us have been using. See Title 17 US Code (The
copyright law) Sec. 108. Limitations on exclusive rights: Reproduction by
libraries and archives.

>Thanks in advance for your help!
>Cecilia
>
>
>Cecilia Hurt
>churt@library.unt.edu
>Assistant Media Librarian (Web Developer)
>Media Library/Multimedia Development Lab
>University of North Texas
>Denton, TX
>(940) 380-1640

Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley, CA 94720-6000
510-643-8566
ghandman@library.berkeley.edu