Re: Copyright Questions

Gary Handman (ghandman@library.berkeley.edu)
Tue, 15 May 2001 13:17:45 -0700 (PDT)

Jessica:

You're a library. You've bought a tape legally. It goes out of
distribution (a fact you've determined after assiduous
investigation). Your original becomes rickety. I'd say that Section 108
covers your behind as far as making a single working copy (as Jeff Clark
has pointed out). Now, we're pretty much talking about in-house use here,
I think...not circulating copies.

gary

At 11:27 AM 05/15/2001 -0700, you 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
> >
> >

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