Re: Copyright Questions

Clark, Jeff (clarkjc@jmu.edu)
Tue, 15 May 2001 12:22:55 -0700 (PDT)

Jessica & Gary,

I beg to differ with you at least slightly on this point.
Section 108 of the copyright law does clearly allow copy
reproduction under specific circumstances for audiovisual
works--see subsection i and follow it back to the other
subsections referenced (b and the most relevant, c).

For Cecilia and everyone, a convenient place to find the
relevant section 108 online is at:
http://www4.law.cornell.edu/uscode/17/108.html

Jeff

On Tue, 15 May 2001 11:27:10 -0700 (PDT) Jessica Rosner
<jrosner@kino.com> wrote:

> OK I will be the resident crank. I don't think you EVER have the right to
> make a copy of copyrighted material without the EXPRESS permission of the
> rights holder. Lets face it if you copied an old Disney film from 16mm that
> they HAD NOT put on video, they would sue you AND WIN. Just because a film
> is NOT available in the most "convenient" format DOES NOT GIVE YOU THE RIGHT
> TO TRANSFER IT. There tens of thousands of films that for all sorts of
> reasons have NOT been put on video and just cause they have not been put on
> video does not give you the right to transfer them. What for instance is the
> "fair market value" of a video of THE LEOPARD if you happen to have a 16mm
> copy to transfer? The phonographic sections HAS NOTHING TO DO WITH THIS.
> Of course as a practical matter you will never get caught but that does not
> make it legal
> --
> Jessica Rosner
> Kino International
> 333 W 39th St. 503
> NY NY 10018
> jrosner@kino.com
>
> > From: Gary Handman <ghandman@library.berkeley.edu>
> > Reply-To: videolib@library.berkeley.edu
> > Date: Tue, 15 May 2001 11:03:24 -0700 (PDT)
> > To: Multiple recipients of list <videolib@library.berkeley.edu>
> > Subject: Re: Copyright Questions
> >
> > 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
> >
> >
>

**********
Jeff Clark
Director
Media Resources (MSC 1701)
James Madison University
clarkjc@jmu.edu
540-568-6770 (voice)
540-568-3405 (fax)
http://library.jmu.edu/media