RE: [Videolib] Legality of a DVD backup

Jed Horovitz (JedH@internetvideoarchive.com)
Tue, 27 Apr 2004 16:18:10 -0400

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It depends on many many things and a blanket 'no' is just as miss leading as
a blanket 'yes' and much more likely to cause collateral damage to free
speech, free societies, free markets and free libraries.

I am not a lawyer but I don't believe that being a lawyer gives one a
monopoly on the law. In fact, it is my observation that one out of every
two lawyers is wrong about the law at any given moment. A list serve is
not the place to get free legal advice but to seek opinions. As a member,
I have expressed mine. I don't believe a library has some special right to
back things up, I believe we all do. I also believe the uses of those
copies are limited but not prohibited. I believe that if we (individuals
and even librarians) don't stand up for our rights, they will be taken away.

[Jed Horovitz]

-----Original Message-----
From: videolib-bounces@library.berkeley.edu
[mailto:videolib-bounces@library.berkeley.edu]On Behalf Of Gary Handman
Sent: Tuesday, April 27, 2004 1:55 PM
To: videolib@library.berkeley.edu
Subject: RE: [Videolib] Legality of a DVD backup

Chilling to whom, Jed?

You're putting misleading and potentially dangerous info out there on the
line--particularly given the fact that a lot of users of this list are new
to or casually involved in the field and searching for real guidance . It's
one thing to be a "to-the-battlements-for-free-information"
"information-wants-to-be-free" kinda guy, and another thing altogether to be
a information professional on the front lines who has to make real policy
decisions every day, often based on maddeningly unspecific legal stricture
and precedent.

Unless otherwise specified by the copyright holder, copying currently
in-distribution media without permission in the service of library
collections (or other institutional uses) is NOT fair use by any measure
under current copyright law.

At 08:34 AM 4/27/2004, you wrote:

Yes. I am getting tired of the chilling effect on this list.

-----Original Message-----
From: videolib-bounces@library.berkeley.edu
[mailto:videolib-bounces@library.berkeley.edu]On Behalf Of Jessica
Rosner
Sent: Tuesday, April 27, 2004 11:12 AM
To: videolib@library.berkeley.edu
Subject: Re: [Videolib] Legality of a DVD backup

No
I am getting mean today
--
Jessica Rosner
Kino International
333 W 39th St. 503
NY NY 10018
jrosner@kino.com
212-629-6880

> From: jbl@BerkeleyCollege.edu
> Reply-To: videolib@library.berkeley.edu
> Date: Tue, 27 Apr 2004 10:23:28 -0400
> To: videolib@library.berkeley.edu
> Subject: [Videolib] Legality of a DVD backup
>
> Hello,
>
> We have some videocassettes that were rather expensive and would like
to
> back
> them up to DVD. The resulting DVD would be only for library use. Is
this
> legal to
> do?
>
> Thanks
>
> Jim Leftwich
>
> Jim Leftwich
> Berkeley College
> Westchester Campus Library
> 99 Church Street
> White Plains, NY 10601
> 914-694-1122 x3371
> jbl@berkeleycollege.ed
>
>
> _______________________________________________
> Videolib mailing list
> Videolib@library.berkeley.edu
> http://www.lib.berkeley.edu/mailman/listinfo/videolib

_______________________________________________
Videolib mailing list
Videolib@library.berkeley.edu
http://www.lib.berkeley.edu/mailman/listinfo/videolib

_______________________________________________
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

****

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

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It=20 depends on many many things and a blanket 'no' is just as miss leading = as a=20 blanket 'yes' and much more likely to cause collateral damage to free = speech,=20 free societies, free markets and free libraries.  =
 
I am=20 not a lawyer but I don't believe that being a lawyer gives one a = monopoly=20 on the law.  In fact, it is my observation that one out of every = two=20 lawyers is wrong about the law at any given moment.   A list = serve is=20 not the place to get free legal advice but to = seek opinions.   As=20 a member, I have expressed mine.  I don't believe a library has = some=20 special right to back things up, I believe we all do.  I also = believe the=20 uses of those copies are limited but not prohibited.  I believe = that if we=20 (individuals and even librarians) don't stand up for our rights, they = will be=20 taken away.

[Jed Horovitz] 
 
 -----Original=20 Message-----
From: videolib-bounces@library.berkeley.edu=20 [mailto:videolib-bounces@library.berkeley.edu]On Behalf Of Gary=20 Handman
Sent: Tuesday, April 27, 2004 1:55 PM
To:=20 videolib@library.berkeley.edu
Subject: RE: [Videolib] Legality = of a=20 DVD backup

Chilling to whom,=20 Jed?

You're putting misleading and potentially dangerous info = out there=20 on the line--particularly given the fact that a lot of users of this = list are=20 new to or casually involved in the field and searching for real = guidance=20 .  It's one thing to be a = "to-the-battlements-for-free-information"=20 "information-wants-to-be-free" kinda guy, and another thing altogether = to be a=20 information professional on the front lines who has to make real = policy=20 decisions every day, often based on maddeningly unspecific legal = stricture and=20 precedent. 
 
Unless otherwise specified by the = copyright=20 holder, copying currently in-distribution media without permission in = the=20 service of library collections (or other institutional uses) is NOT = fair use=20 by any measure under current copyright law. 



At = 08:34 AM=20 4/27/2004, you wrote:
Yes.  I am = getting tired of=20 the chilling effect on this list.

-----Original = Message-----
From:=20 videolib-bounces@library.berkeley.edu
[mailto:videolib-bounces@library.berkeley.edu]On = Behalf=20 Of Jessica
Rosner
Sent: Tuesday, April 27, 2004 11:12 = AM
To:=20 videolib@library.berkeley.edu
Subject: Re: [Videolib] Legality of = a DVD=20 backup


No
I am getting mean today
--
Jessica=20 Rosner
Kino International
333 W 39th St. 503
NY NY=20 10018
jrosner@kino.com
212-629-6880

> From:=20 jbl@BerkeleyCollege.edu
> Reply-To:=20 videolib@library.berkeley.edu
> Date: Tue, 27 Apr 2004 = 10:23:28=20 -0400
> To: videolib@library.berkeley.edu
> Subject: = [Videolib]=20 Legality of a DVD backup
>
> Hello,
>
> We = have some=20 videocassettes that were rather expensive and would like to
>=20 back
> them up to DVD.  The resulting DVD would be only = for=20 library use.  Is this
> legal to
> = do?
>
>=20 Thanks
>
> Jim Leftwich
>
> Jim = Leftwich
>=20 Berkeley College
> Westchester Campus Library
> 99 = Church=20 Street
> White Plains, NY 10601
> 914-694-1122 = x3371
>=20 jbl@berkeleycollege.ed
>
>
>=20 _______________________________________________
> Videolib = mailing=20 list
> Videolib@library.berkeley.edu
> http://www.lib.berkeley.edu/mailman/listinfo/videolib<= /A>

_______________________________________________
Videolib=20 mailing list
Videolib@library.berkeley.edu
http://www.lib.berkeley.edu/mailman/listinfo/videolib<= /A>

_______________________________________________
Videolib=20 mailing list
Videolib@library.berkeley.edu
http://www.lib.berkeley.edu/mailman/listinfo/videolib<= /A>

Gary Handman
Director
Media Resources = Center
Moffitt=20 Library
UC Berkeley
ghandman@library.berkeley.edu
http://www.lib.berkeley.edu/MRC

****
"Movies=20 are poems, a holy bible, the great mother of=20 = us."
           = ;   =20 --Ted Berrigan

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