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

Ben Achtenberg (Ben@fanlight.com)
Tue, 18 Mar 2003 18:24:39 -0500

Hmm back atcha, Mark. I appreciate the additional clarification and think
that you and I only differ on what "high" means. The standard you outlined
exceeds what I know to have been applied in several cases I'm aware of.

Ben Achtenberg
Disclaimer: I'm not a lawyer, but I grew up in a house full of them.

At 05:24 PM 3/18/03 -0500, you wrote:
>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
> >
> > ********************************
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> >
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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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