Re: RE: [Videolib] Archival copy of DVD

Bonnie Brown (bonnie.brown@nyu.edu)
Fri, 19 Sep 2003 18:04:14 -0400

The point for posting the NY Times article was not to agree or disagree (although I don't have a problem stating that I fully disagree with not only Ashcroft but the Patriot Act as well). However, regarding the subject of archiving, copyright laws and patron privacy, the point of the posting is to assist in keeping everyone informed of what is relevant to the subject matter, which was my reason for posting the article. It was not a political statement.

Bonnie Brown

----- Original Message -----
From: Scott Lehman <scottl@evpl.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
> librarians
> (and the ALA) have these same thoughts about the Patriot Act,
> Homeland
> 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
> these
> issues, I just thought it was worth noting, considering the
> Ashcroft - NYT
> article that was posted earlier. I've seen plenty of librarians
> scampering
> to adjust their circulation software as to not have any patron or
> item
> 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.
> Remember,
> 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
> with
> >lawyers on both sides of the fair use fence for easily that long.
> I
> >appreciate your "information wants to be free stance", and as an
> educator
> >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
> battlements
> >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
> you're
> >confusing already complex issues with your idealism. The fact
> is, it's
> >professionally incumbent on librarians (and everyone else, for
> that
> >matter) to play within the strictures of the law (not liking them
> doesn't
> >mean you can ignore them or interpret them to suit your own
> >purposes)... Laws that are as fuzzy as copyright are extremely
> difficult
> >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.
> >
> >Gary
> >
> >At 02:47 PM 9/19/2003 -0400, you wrote:
> >>Gary,
> >>I really don't want to start an old debate up again but are you
> a
> >>lawyer? Is it that clear? I don't think so. Check out
> >><http://www.eff.org"
> target="l">http://www.eff.org>http://www.eff.org and
> >><http://www.digitalconsumer.org"
> target="l">http://www.digitalconsumer.org>http://www.digitalconsumer.org and
> >><http://www.321studios.com."
> target="l">http://www.321studios.com>http://www.321studios.com.
> 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: videolib-bounces@library.berkeley.edu
> >>[videolib-bounces@library.berkeley.edu]On Behalf Of Gary Handman
> >>Sent: Friday, September 19, 2003 2:22 PM
> >>To: videolib@library.berkeley.edu
> >>Subject: Re: [Videolib] Archival copy of DVD
> >>
> >>Absolutely categorically indubitably and without question a
> patent
> >>infringement of copyright.
> >>Do not do it!
> >>
> >>Gary
> >>
> >>
> >>
> >>
> >>
> >>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 ereynolds@pls-net.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
> >>>Videolib@library.berkeley.edu
> >>>http://www.lib.berkeley.edu/mailman/listinfo/videolib
> >>Gary Handman
> >>Director
> >>Media Resources Center
> >>Moffitt Library
> >>UC Berkeley
> >>ghandman@library.berkeley.edu
> >>http://www.lib.berkeley.edu/MRC
> >>
> >>"In societies where modern conditions of production prevail,
> >> all of life presents itself as an immense
> accumulation of
> >> spectacles."
> >> --Guy Debord
> >
> >Gary Handman
> >Director
> >Media Resources Center
> >Moffitt Library
> >UC Berkeley
> >ghandman@library.berkeley.edu
> >http://www.lib.berkeley.edu/MRC
> >
> >"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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