----- Original Message -----
From: Scott Lehman <firstname.lastname@example.org>
Date: Friday, September 19, 2003 4:49 pm
Subject: RE: [Videolib] Archival copy of DVD
> Just for fun, I'll play the devil's advocate here... why don't
> (and the ALA) have these same thoughts about the Patriot Act,
> Security, rulings on Internet Filtering... ?
> It seems that librarians (and again, the ALA) like to pick and
> choose which
> laws they deem to be "wrong." I won't get into where I stand on
> issues, I just thought it was worth noting, considering the
> Ashcroft - NYT
> article that was posted earlier. I've seen plenty of librarians
> to adjust their circulation software as to not have any patron or
> histories in the computer, just to "circumvent" these new laws
> that "we"
> don't agree with.
> I think I can already predict what most of the responses will be.
> I'm just being the devil's advocate here.
> Back into "realism" mode... Even if we could make "archival
> copies," who
> would have the time to do it? Might as well just replace the
> broken Disney
> DVD or that scratched-up Snoop Dogg CD for the sixth time. Or get
> a disc
> scratch-repair machine -- that has saved us a bundle in
> replacement costs.
> Scott Lehman
> Evansville Vanderburgh Public Library
> At 12:56 PM 9/19/2003 -0700, you wrote:
> >I'm not a lawyer, Jed, thank god...but I have been in the
> business of
> >media librarianship for over 20 years and I have worked closely
> >lawyers on both sides of the fair use fence for easily that long.
> >appreciate your "information wants to be free stance", and as an
> >myself, I push whenever possible on the side of fair use.
> >There is NO debate here, however. Making derivatives of
> copyrighted works
> >is the exclusive right of the copyright holder under Title
> >117....period. While copying of physically at-risk works which
> are no
> >longer available on the commercial market may be permissible (or
> works in
> >obsolete media that are no longer playable), copying an entire
> DVD would
> >in no way be allowable under current law.
> >yeah...it'd be cool if the american library assn went to the
> >in favor of broader access (Librarians did participate in CONFU
> and in the
> >formation of the Fair Use Guidelines for Multimedia...battles
> which we
> >lost, in my view). It's unlike that ALA or other professional
> groups will
> >be frying this particular fish any time soon...
> >There are many subscribers to this list who are new to the field
> of media
> >librarian, or who are attempting to learn the ropes. I think
> >confusing already complex issues with your idealism. The fact
> is, it's
> >professionally incumbent on librarians (and everyone else, for
> >matter) to play within the strictures of the law (not liking them
> >mean you can ignore them or interpret them to suit your own
> >purposes)... Laws that are as fuzzy as copyright are extremely
> >to negotiate, and because most of us work in public institutions
> and in
> >the public eye, I think it's always best to play it slow and
> easy... The
> >groups you cite below are advocacy groups that are interesting,
> but are
> >unlikely to prove too much use to any of us in the trenches if
> called into
> >court on an infringement suit.
> >At 02:47 PM 9/19/2003 -0400, you wrote:
> >>I really don't want to start an old debate up again but are you
> >>lawyer? Is it that clear? I don't think so. Check out
> target="l">http://www.eff.org>http://www.eff.org and
> target="l">http://www.digitalconsumer.org>http://www.digitalconsumer.org and
> They don't agree
> >>with your position.
> >>I simply ask if you are right, why don't libraries lobby to
> change the law.
> >>Jed Horovitz
> >>-----Original Message-----
> >>From: email@example.com
> >>[firstname.lastname@example.org]On Behalf Of Gary Handman
> >>Sent: Friday, September 19, 2003 2:22 PM
> >>To: email@example.com
> >>Subject: Re: [Videolib] Archival copy of DVD
> >>Absolutely categorically indubitably and without question a
> >>infringement of copyright.
> >>Do not do it!
> >>At 01:36 PM 9/19/2003 -0400, you wrote:
> >>>A trustee asked if a public library could make copies of DVDs
> to circulate.
> >>>The original copy would not circulate, but be kept as an
> archival copy if
> >>>slapdash use causes damage to the circulating copy. This
> question was
> >>>prompted by concern about the short life expectancy of DVDs
> circulating to
> >>>the masses. Does anyone do this? Is it a copyright violation?
> My initial
> >>>response was it is a copyright violation, but I know back in
> the LP days,
> >>>libraries made tape copies to circulate. Thanks for any advice.
> >>>Ellen J. Reynolds firstname.lastname@example.org
> >>>Collection Management Librarian
> >>>Pioneer Library System www.pls-net.org
> >>>4595 Rt. 21 N. 585-394-8260 (V)
> >>>Canandaigua, NY 14424 585-394-1935 (FAX)
> >>>Videolib mailing list
> >>Gary Handman
> >>Media Resources Center
> >>Moffitt Library
> >>UC Berkeley
> >>"In societies where modern conditions of production prevail,
> >> all of life presents itself as an immense
> accumulation of
> >> spectacles."
> >> --Guy Debord
> >Gary Handman
> >Media Resources Center
> >Moffitt Library
> >UC Berkeley
> >"In societies where modern conditions of production prevail,
> > all of life presents itself as an immense
> accumulation of
> > spectacles."
> > --Guy Debord
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