Re: Editing of a copyrighted tape

Mark W. Kopp (iu8film@iu08.org)
Tue, 19 Nov 2002 10:53:51 -0800 (PST)

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My guess is that it all boils down to the definition of a "fair" price, and
to that end, some owners will provide a substantial discount on a copy to
replace a damaged original.
(I would recommend that you ensure that this does not happen in the future
by breaking out the tab on the back spine of the case)

Title 17 is very specific, in that, a damaged work may only be reproduced
if it has been determined that an unused replacement could not be obtained
at a fair price. The other sticking point is that you, the library as
defined in the code, do not own that copy. You are merely being asked to do
the repair service. All these Sections of the code are also very specific
in that they assign these exclusive rights to libraries and archives as
described below.

(1) the reproduction or distribution is made without any purpose of direct
or indirect commercial advantage;
(2) the collections of the library or archives are
(i) open to the public, or
(ii) available not only to researchers affiliated with the library or
archives or with the institution of which it is a part, but also to other
persons doing research in a specialized field; and-
(b)The rights of reproduction and distribution under this section apply to
three copies or phonorecords of an unpublished work duplicated solely for
purposes of preservation and security or for deposit for research use in
another library or archives of the type described by clause (2) of
subsection (a), if -
(1) the copy or phonorecord reproduced is currently in the collections of
the library or archives
-------------------------------------------------
Sec. 108. - Limitations on exclusive rights: Reproduction by libraries and
archives
(a) Except as otherwise provided in this title and notwithstanding the
provisions of section 106, it is not an infringement of copyright for a
library or archives, or any of its employees acting within the scope of
their employment, to reproduce no more than one copy or phonorecord of a
work, except as provided in subsections (b) and (c), or to distribute such
copy or phonorecord, under the conditions specified by this section, if -

(c) The right of reproduction under this section applies to three copies or
phonorecords of a published work duplicated solely for the purpose of
replacement of a copy or phonorecord that is damaged, deteriorating, lost,
or stolen, or if the existing format in which the work is stored has become
obsolete, if -

(1) the library or archives has, after a reasonable effort, determined that
an unused replacement cannot be obtained at a fair price;
--------------------------------------------------------
As summarized by the Legal Information Institute at Cornell:

Replacement of Damaged Copy.
Subsection (c) authorizes the reproduction of a published work duplicated
in facsimile form solely for the purpose of replacement of a copy or
phonorecord that is damaged, deteriorating, lost or stolen, if the library
or archives has, after a reasonable effort, determined that an unused
replacement cannot be obtained at a fair price. The scope and nature of a
reasonable investigation to determine that an unused replacement cannot be
obtained will vary according to the circumstances of a particular
situation. It will always require recourse to commonly-known trade sources
in the United States, and in the normal situation also to the publisher or
other copyright owner (if such owner can be located at the address listed
in the copyright registration), or an authorized reproducing service.

As I read the law, another copy needs to be purchased, since the owner is
not a Library.

Mark
***********************************************************
At 10:04 AM 11/19/02 -0800, you wrote:

>Here's one that's a little different...
>
>A faculty person brought in a videotape that she wants edited.
>It seems that someone somehow managed to tape over a section and now
>there is about 2 minutes of static in the middle. She wants us to edit
>out the bad spot -- either by splicing or by making a duplicate that
>doesn't include the blank spot.
>
>My thoughts are that we shouldn't touch it because either way, we're
>altering the tape. On the other hand, the content has already been
>altered.
>
>The program is a documentary that is still available for purchase at a
>reasonable price (but more than the twenty bucks they're willing to
>pay).
>
>What do you think?
>
>Barb
>
>Barb Bergman
>Media Services Librarian
>Minnesota State University-Mankato
>(507) 389-5945

****************************************************************************
Mark W. Kopp
Circulation Coordinator
Appalachia Intermediate Unit 8
Instructional Materials Services Department
580 Foot of Ten Road
Duncansville, Pa 16635
(814) 695-1972 Phone
(814) 695-3018 Fax
E-Address:
mail to:iu8film@iu08.org
See us on the Web at:
<http://www.iu08.org>http://www.iu08.org
Click on; "Instructional Materials Services"

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My guess is that it all boils down to the definition of a "fair" price, and to that end, some owners will provide a substantial discount on a copy to replace a damaged original.
(I would recommend that you ensure that this does not happen in the future by breaking out the tab on the back spine of the case)

Title 17 is very specific, in that, a damaged work may only be reproduced if it has been determined that an unused replacement could not be obtained at a fair price. The other sticking point is that you, the library as defined in the code, do not own that copy. You are merely being asked to do the repair service. All these Sections of the code are also very specific in that they assign these exclusive rights to libraries and archives as described below.

(1) the reproduction or distribution is made without any purpose of direct or indirect commercial advantage;
(2) the collections of the library or archives are
(i) open to the public, or
(ii) available not only to researchers affiliated with the library or archives or with the institution of which it is a part, but also to other persons doing research in a specialized field; and-
(b)The rights of reproduction and distribution under this section apply to three copies or phonorecords of an unpublished work duplicated solely for purposes of preservation and security or for deposit for research use in another library or archives of the type described by clause (2) of subsection (a), if -
(1) the copy or phonorecord reproduced is currently in the collections of the library or archives
-------------------------------------------------
Sec. 108. - Limitations on exclusive rights: Reproduction by libraries and archives
(a) Except as otherwise provided in this title and notwithstanding the provisions of section 106, it is not an infringement of copyright for a library or archives, or any of its employees acting within the scope of their employment, to reproduce no more than one copy or phonorecord of a work, except as provided in subsections (b) and (c), or to distribute such copy or phonorecord, under the conditions specified by this section, if -

(c) The right of reproduction under this section applies to three copies or phonorecords of a published work duplicated solely for the purpose of replacement of a copy or phonorecord that is damaged, deteriorating, lost, or stolen, or if the existing format in which the work is stored has become obsolete, if -

(1) the library or archives has, after a reasonable effort, determined that an unused replacement cannot be obtained at a fair price;
--------------------------------------------------------
As summarized by the Legal Information Institute at Cornell:

Replacement of Damaged Copy.
Subsection (c) authorizes the reproduction of a published work duplicated in facsimile form solely for the purpose of replacement of a copy or phonorecord that is damaged, deteriorating, lost or stolen, if the library or archives has, after a reasonable effort, determined that an unused replacement cannot be obtained at a fair price. The scope and nature of a reasonable investigation to determine that an unused replacement cannot be obtained will vary according to the circumstances of a particular situation. It will always require recourse to commonly-known trade sources in the United States, and in the normal situation also to the publisher or other copyright owner (if such owner can be located at the address listed in the copyright registration), or an authorized reproducing service.

As I read the law, another copy needs to be purchased, since the owner is not a Library.

Mark
***********************************************************
At 10:04 AM 11/19/02 -0800, you wrote:

Here's one that's a little different...

A faculty person brought in a videotape that she wants edited.
It seems that someone somehow managed to tape over a section and now
there is about 2 minutes of static in the middle.  She wants us to edit
out the bad spot -- either by splicing or by making a duplicate that
doesn't include the blank spot.

My thoughts are that we shouldn't touch it because either way, we're
altering the tape. On the other hand, the content has already been
altered.

The program is a documentary that is still available for purchase at a
reasonable price (but more than the twenty bucks they're willing to
pay).

What do you think?

Barb

Barb Bergman
Media Services Librarian
Minnesota State University-Mankato
(507) 389-5945                 

****************************************************************************
Mark W. Kopp
Circulation Coordinator
Appalachia Intermediate Unit 8
Instructional Materials Services Department
580 Foot of Ten Road
Duncansville, Pa  16635
(814) 695-1972 Phone
(814) 695-3018 Fax
E-Address:
mail to:iu8film@iu08.org
See us on the Web at:
http://www.iu08.org
Click on;   "Instructional Materials Services"


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