Re: [Videolib] DVD-R's in the collection . . .

Gary Handman (ghandman@library.berkeley.edu)
Wed, 18 Feb 2004 15:38:14 -0800

Hullo

Under no definition of fair use (pace, Jed Horovitz!) is what you describe
below fair use. It's conceivable that, if the title were legally acquired
by the library in the first place and currently at physical risk AND if it
were determined to no longer be available on the open market, THEN making a
DVD preservation copy would probably hold up as fair use. The case you
cite below is simply not within those reasonable bounds...(don't think it
matters much if the original production or distribution company is outa
business...)

Tell the faculty member you'll bake him/her a nice cake with a file in it
when he/she becomes cellmates with martha stewart...

At 11:30 AM 2/18/2004, you wrote:
>Fine Videolib folks,
>
>I've been asked by a faculty member to help him contact the makers of a
>science video (title: Life in the Soil) so that he can obtain permission
>to use the film in his teaching. I'm not certain to what extent he plans
>to use the video (show the whole thing, use excerpts, etc.) but he also
>wants to put it on DVD-R and donate it to our library so that it can be
>accessible to our users and his students. He owns a VHS copy.
>
>I know that this opens up a few cans of worms: 1) is it fair use for
>educational purposes; 2) he needs permission to reproduce (i.e. digitize)
>the work, and 3) the issue of donating a DVD-R to a library's collection.
>To make this all a little more interesting, the organization(s) that
>produced the work appears to be defunct or at least very difficult to
>reach (full credits are Sakura Motion Picture Co.; International Research
>Center for Nature Farming.; MOA Products Corp.; MOA Productions.). I've
>been trying to help him locate information on contacting them but the info
>that has turned up online turns out to be outdated, broken links or
>unresponsive addresses. This film came out in the early 1990's.
>
>I've advised the faculty member that I can neither condone nor prevent him
>from digitizing the film, but that I'd help him seek out the organization
>to contact for permission. I don't expect anyone on this list to be
>familiar with the rights owners of this film, but how have others dealt
>with offers like this? If someone donates a CD-R or DVD-R to your
>collection, does including something in a collection without being certain
>of the rights involved in reproducing it make this another copyright
>violation? My gut feeling is that it probably does, but I don't know the
>specifics of why. I'm inclined to tell him that we can't accept it unless
>he has been given written permission from the rights owners, whoever that is.
>
>Sorry for the long rambling, I know this is a sticky one to answer!
>
>- Michael
>
>
>Michael Cook
>Coordinator, Public Access Computing
>Albert R. Mann Library
>Cornell University
>Ithaca, NY 14853-4301
>email: mnc2@cornell.edu
>office: 607-255-7959
>
>*****************************************************************************
>"I have never let my schooling interfere with my education." - Mark Twain
>*****************************************************************************
>
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Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley
ghandman@library.berkeley.edu
http://www.lib.berkeley.edu/MRC

****

"Movies are poems, a holy bible, the great mother of us."
--Ted Berrigan

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