Re: How bout this one

Rick Faaberg (
Tue, 22 Oct 2002 18:28:27 -0700 (PDT)

On 10/22/02 1:37 PM, "Jessica Rosner" <> sent this out:

> I am STILL waiting for my copyright friend ( who I think is on his way to
> AMIA ) to give an opinion, my memory of when I asked him about this section
> a while back is that it applied to SOUND recordings.
> Again I don't see any way such a scenario would hold up in court because
> it would give cart blanch to copy anything that goes out of print so long as
> your copy is going bad.

Here are excerpts from's policy (the stuff is up on their
website anyway):

"Select video tapes will be duplicated and housed by the University's Office
of Instructional Resources (O.I.R.) under the authority of the Libraries'
Preservation Office in accordance with the "Fair Use" provisions of Title
17, United States Code. Video tapes selected shall be those with a purchase
price greater than $80, or acquired from a foreign source or with a foreign
imprint, or which may be difficult or impossible to replace if the original
is damaged, lost or stolen. Video tapes not selected for duplication and
archiving will be processed and sent to the designated holding location. The
Libraries will maintain a blanket with OIR to cover the cost of duplicating
up to 200 video tapes in any given fiscal year."

"The duplicate copy will be cataloged and used as the circulation copy.
Circulating copies will be labeled with a statement regarding fair use and
copyright restrictions. Original video tapes sent to O.I.R. for duplication
shall be maintained by O.I.R. under "archival" conditions and shall be
surveyed periodically by Preservation staff for indications of
deterioration, climate control, etc."

"[...]Lost, missing and stolen items must be repurchased under Fair Use
provision of U.S. Copyright Legislation.)[...]"

"Master tapes will to be used only for purposes of duplication authorized by
the Libraries' Reprographics Unit Head, Preservation Officer, or Director
for Technical Services. No more than one copy, master or duplicate, will be
in circulation or use at any time. The duplicate copy may be replaced by a
new duplicate generated from the master when a former duplicate has been
damaged or has deteriorated. A new duplicate may also replace a former
duplicate when it has been declared "lost" (cf, Circulation procedures for
lost and missing items) and the title is out of copyright (i.e., in the
public domain) or written permission has been obtained from the copyright
holder. Transmittal forms shall be used to communicate this replacement



Rick Faaberg