Re: [Videolib] verification of archival copy laws

Jessica Rosner (
Mon, 26 Apr 2004 15:57:13 -0400

Well I won't get into my general belief that if you ever tried to copy
a 16mm of feature film to video or DVD, the studio ( if they knew ) would
sue and win however this is a non issue for a long time. 16mm is many, many
years from being obsolete, inconvenient maybe but nowhere near obsolete
and I don't see this happening for at least a decade. I am guessing you
are referring more to educational than feature material but 16mm not going
anywhere soon
Jessica Rosner
Kino International
333 W 39th St. 503
NY NY 10018

> From: media2 <> > Reply-To: > Date: Mon, 26 Apr 2004 15:02:52 -0400 > To: > Subject: Re: [Videolib] verification of archival copy laws > > Refer to the Digital Millennium Copyright Act passed on October 12, 1998 > amending Section 108 title 17, Chapter 92 and further modified by the > Sonny Bono Copyright Extension Act of 1998 and the Technology, Education > and Copyright harmonization Act or 2002, aka The TEACH Act regarding > duplication and archive preservation of audiovisual and phonorecordings. > > Section 108.c as modified in 1998 allows "three copies or phonorecords > of a published work duplicated solely for the purposes of replacement of > a copy or phonorecord that is damaged, deteriorating, lost, stolen or if > the EXISTING FORMAT IN WHICH THE WORK IS STORED HAS BECOME OBSOLETE." > (emphasis added) > > "For the purposes of this section, a format shall be considered obsolete > is the machine or device necessary to render perceptible a work stored > in that format is no longer manufactured or is NO LONGER REASONABLY > AVAILABLE IN THE COMMERCIAL MARKET PLACE." (emphasis added). > > 108.c.2 says you have to make a reasonable effort to obtain an unused > copy at a fair price. > > 108.c.3 says , "any such copy that is reproduced in a digital format is > not made available to the public in that format outside the premises of > the library or archives . . ." > > Further Section 108 (h)(1) as Amended by the Sonny Bono Copyright > Extension Act of 1998 says, > > (h)(1) For purposes of this section, during the last 20 years of any > term of copyright of a published work, a library or archives, including > a nonprofit educational institution that functions as such, may > reproduce, distribute, display, or perform in facsimile or digital form > a copy or phonorecord of such work, or portions thereof, for purposes of > preservation, scholarship, or research, if such library or archives has > first determined, on the basis of a reasonable investigation, that none > of the conditions set forth in subparagraphs (A), (B), and (C) of > paragraph (2) apply. > > (2) No reproduction, distribution, display, or performance is authorized > under this subsection if > > (A) the work is subject to normal commercial exploitation; > > (B) a copy or phonorecord of the work can be obtained at a reasonable > price; or > > (C) the copyright owner or its agent provides notice pursuant to > regulations promulgated by the Register of Copyrights that either of the > conditions set forth in subparagraphs (A) and (B) applies. > > (3) The exemption provided in this subsection does not apply to any > subsequent uses by users other than such library or archives. > > Observe the wording of Section 108.i below taken from > - > > (i) The rights of reproduction and distribution under this section do > not apply to a musical work, a pictorial, graphic or sculptural work, or > a motion picture or other audiovisual work other than an audiovisual > work dealing with news, except that no such limitation shall apply with > respect to rights granted by subsections (b) and (c), or with respect to > pictorial or graphic works published as illustrations, diagrams, or > similar adjuncts to works of which copies are reproduced or distributed > in accordance with subsections (d) and (e). (emphasis added) > > To explain the above reference the Conference Report and Historical > Revision Notes 94-1476, recall that Pub. L. 105-298 > <> added subsec. > subsec. (h) as (i) thus - . "The exclusions under subsection (h) (now > subsection i) do not apply to archival reproduction under subsection > (b), to replacement of damaged or lost copies or phonorecords under > subsection (c), or to ''pictorial or graphic works published as > illustrations, diagrams, or similar adjuncts to works of which copies > are reproduced or distributed in accordance with subsections (d) and (e).'' > > It is upon this that archivists hang their hat for allowing reproduction > of motion media for archival purposes and within the other limitations > of Section 108. > > Mark Richie > Burlco EMTC > > > > LeeAnne Krause wrote: > >> We have a bunch of 16mm films, excellent content quality, but most of >> them are very old, and some have some shrinkage. My understanding is >> that we do NOT have the right to make vhs copies, since 16mm is not an >> obsolete format. If a 16mm film is in really bad shape and needs to be >> discarded, we COULD make a copy but not circulate it. Is this >> assessment correct? >> Thanks, >> LeeAnne >> LeeAnne L. Krause, Manager >> Educational Film Library >> Thomas Cooper Library >> 803-777-0322 >> > > > _______________________________________________ > Videolib mailing list > >

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