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

Mark Richie (Media2@bellatlantic.net)
Tue, 18 Mar 2003 17:24:55 -0500

Hm m m m m m m . . . .
Actually the standard for a "reasonable effort" is not that
high. It is spelled out in the Report Version of the
Copyright Law ( No. 94-1476) on page 76 and repeated
elsewhere. The Additional Views section of Title 17 was
written by the judiciary committee staff (read lawyers)
including the late Ivan Bender. This is where to turn to
get an explanation of what the language of each section was
INTENDED to mean or the thinking behind the wording along
with some examples.

According to the Report version of Title 17 the search for
an unused copy of an out of print work will, "vary according
to the circumstances of a particular situation. It will
always require resources to commonly-known trade sources in
the United States, and in the normal situation also to the
publisher or other copyright owner (if the owner can be
located at the address listed in the copyright
registration), or an authorized reproducing service."

BTW the line in parentheses is just as it shows in the
report. But clearly it is not a particularly high standard
and does not require a library to hire a private
investigator to track down the current copyright owner, nor
does it necessarily require searching outside the US for an
unused copy.

Also, the 1998 revision of Section 108 changed the language
from "fair price" to "reasonable price." (108 (2)(b) Which,
presumably would allow a litigate to apply the "reasonable
person" standard if the price of obtaining the unused copy
for the purpose of scholarly research or preservation was
exhorbatant.

108(2)(b) can get confusing because Section 108(2)(i)
is the same wording as the old 108(2)(h) and the old 108
(2)(i)was eliminated because the legal requirement of the
five year report had been fulfilled.

Other language changes to the section on permissions adds
during the "last 20 years of any copyright term" INCLUDES
"performance" for scholarship. Previously it was pretty
clear you could make an archival or preservation copy but
you couldn't circulate it or display or perform the work.

So the word to copyright holders is to send a change of
address notice to the Copyright notice asking that it be
attached to the original copyright registration file.

Mark Richie
disclaimer: I am not a lawyer and I am not giving legal
advice. But I am a librarian, I just don't look like one .
. . .

Ben Achtenberg wrote:
>
> 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
> > >
> >_______________________________________________
> >Videolib mailing list
> >Videolib@library.berkeley.edu
> >http://www.lib.berkeley.edu/mailman/listinfo/videolib
>
> Ben Achtenberg / Fanlight Productions
> 4196 Washington Street, Boston, MA 02131
> (617) 469-4999 Fax: (617) 469-3379
> Email: Ben@Fanlight.com
>
> ********************************
> VISIT OUR WEBSITE: www.fanlight.com
> ********************************
>
> _______________________________________________
> Videolib mailing list
> Videolib@library.berkeley.edu
> http://www.lib.berkeley.edu/mailman/listinfo/videolib
_______________________________________________
Videolib mailing list
Videolib@library.berkeley.edu
http://www.lib.berkeley.edu/mailman/listinfo/videolib