Re: [Videolib] Duplicating 3/4'' to 1/2''

Ben Achtenberg (Ben@fanlight.com)
Tue, 18 Mar 2003 14:26:24 -0500

I'm very curious to know how one could claim to have made a "reasonable
effort" to find a new copy without having also made a reasonable effort to
find the copyright holder -- i.e., the person or legal entity with the
right to control the making and sale of such copies.

Please note that the legal standard for "reasonable effort" is quite high
these days. A query to your favorite listserv (even this one) and a quick
"google" will not suffice.

Please note also that the standard for what is a "fair" price is not
something that you get to decide for yourself, any more than you can decide
for yourself what you think is a fair price for the car you'd like to buy.
There are legal criteria for "fairness" in this area as well.

Ben

At 06:38 PM 3/12/03 -0700, you wrote:
>I've said it here before, and I will continue to say it....
>
>US Copyright Law *SPECIFICALLY* grants permission to libraries to duplicate
>materials in their collections when:
>
>the original is worn, damaged or in an obsolete format (3/4" is generally
>regarded as obsolete)
>a *reasonable* effort has been made to find a *new* replacement copy at a
>*fair* price
>
>IF you meet these provisions, you do NOT need to track down the copyright
>holder and seek permission to make these copies.
>
>While some on this list will vehemently argue against me on this...
>I stand behind the copyright law, chapter and verse: Title 17. Chapter 1.
>Sec.108.
>
>http://www4.law.cornell.edu/uscode/17/108.html
>
>
>
>
>deg farrelly, Associate Librarian
>Media/Communications Studies/Women's Studies
>Arizona State University West
>P.O. Box 37100
>Phoenix, Arizona 85069-7100
>Phone: 602.543.8522
>Email: deg@asu.edu
>
>
>
>
>
> > >>> KStanton@library.unt.edu 03/12/03 10:35AM >>>
> >
> > Hi
> >
> > My library is weeding out all of our 3/4inch tapes and my job is to
> > track down the copyright owners and get permission to make 1/2inch
> > transfer for the titles we want to keep. There are a few titled I
> > haven't been able to find anything on. If anybody has any info it
> > would
> > help a lot. Thanks.
> >
> > Symphony No. 6 in F Major, Op. 68
> > dir: Robert Saudek (1970)
> >
> > Debs
> > American Peoples Historical Society (1979)
> >
> > Lighting and Staging Techniques
> > Imero Fiorentino Associates, Inc (1980)
> >
> > Also- We have a film called Future Shock(1972) which Metromedia
> > Producers Corp. was responsible for. I believe FOX took over
> > Metromedia,
> > but when I contacted them I was told they do not hold the rights to
> > this
> > film. Any ideas where else to look. Thanks again.
> >
> > K. Stanton
> > Special Projects Supervisor
> > University of North Texas, Media Library
> > kstanton@library.unt.edu
> >
>_______________________________________________
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Ben Achtenberg / Fanlight Productions
4196 Washington Street, Boston, MA 02131
(617) 469-4999 Fax: (617) 469-3379
Email: Ben@Fanlight.com

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