Re: [Videolib] Legality of a DVD backup

Troy Davis (tdavis@email.lib.utk.edu)
Tue, 27 Apr 2004 18:33:48 -0400

Gary et al.,
I agree with the whole DVD back up thing, that seems pretty clear (or is
it??) Let's say a library were indeed sued for this; again a federal
court would have to hear the presentation of a particular case, about a
particular work, between particular litigants...its not totally
impossible that the copying could be considered some sort of acceptable
"fair" or other use of a copyrighted work).. i digress

But to speak of misleading, it seems that to say "information wants to
be free" is no more misleading than saying "if you do this you'll get
sued and lose." In many ways the "information wants to be free" position
seems a more correct interpretation of the constitutional premise of
copyright. Jed's comments should be invited as one who seeks an
understanding of copyright from the perspective of a certain "use"
(personal, educational,etc..) just as Jessica's should be invited as one
who seeks to express rights of entrepreneurial uses of copyrighted works.

A balance of those uses and their implied rights is what copyright's all
about. We should encourage a discussion of the "premises" of copyright.

Jed Horovitz wrote:
> 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
>>
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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
>

-- 
M. Troy Davis
Media Services Librarian
University of Tennessee Libraries :: The Studio
245 John C. Hodges Library
Knoxville, TN 37996
(865)974-6396
troydavis@utk.edu
http://www.lib.utk.edu/mediacenter/studio

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