Re: [Videolib] Here we go AGAIN

Jessica Rosner (
Wed, 05 May 2004 15:42:47 -0400

Sorry Deb what I meant was that you CAN NOT MAKE A BACK UP COPY on
the POSSIBILITY that the "original" MIGHT be destroyed.
We can argue about the other ENDLESSLY but there is no right to
make a "back up" which still leaves the mystery of how you do
replace a "lost" copy as in your case but under NO circumstances
can you just make a copy on "spec"
which is what I thought you said the Prof was accusing of.

Now I think even Gary and perhaps who knows maybe even Jed might
go along on this ( ok just kidding about Jed)

I do get asked about this from time to time as in can we make
a "back up " copy and for me at least the answer is no as I like
to assume our stuff will STILL be available, in any event no free
"back ups"

Kino International
333 W 39th St. 503
NY NY 10018

> From: Deg Farrelly <>
> Reply-To:
> Date: Wed, 05 May 2004 11:38:37 -0700
> To:
> Subject: [Videolib] Here we go AGAIN
> Here we go again....
> Sorry Jessica, you are dead wrong.
> IF the other provisions of section 108 are met (including *damage* OR
> deterioration OR obsolesence - AND unable to purchase an unused copy at a
> reasonable price, after a REASONABLE search) then a copy CAN be made by a
> library.
> Section 108 also specifies that DIGITAL copies may be made as well.
> The law does NOT say that a copy has to be in the original format. (That
> would negate the whole issue of obsolesence, wouldn't it?)
> The law does NOT require "tracking down" the copyright holder and seeking
> permission. Provided the other provisions are met the permission is set in
> the LAW.
> Film distributors contractual negotiations with rights holders should not be
> confused with the specific rights (AND responsibilities and limitations) the
> LAW spells out for Libraries and the contents they have legally acquired and
> have RIGHTS to preserve.
> deg farrelly
> -----Original Message-----
> From: on behalf of Jessica Rosner
> Sent: Tue 4/27/2004 9:44 AM
> To: ", videolib"
> Cc:
> Subject: Re: [Videolib] Legality of a DVD backup
> Um you can't just make a DVD if your VHS is damaged
> Without going through EVERYTHING again , you would first have to
> track down rights, check with rights holder etc and EVEN if
> after all that you thought this was OK , you could ONLY make
> VHS copy since it is NOT an "obsolete" format.
> Basically you don't get to "upgrade" to a more
> "convenient" or easier format.
> I can tell you as "rights" holder that we don't have
> the right to make DVDs of many of our titles. This all
> very complicated & contractual.
> Thousands upon thousands of titles that are or were available
> in VHS will NEVER be on DVD for a variety of reasons but
> others that were never on VHS will come out on DVD
> A lot of reasons for this but whatever you do , DON'T get rid
> of a VHS unless you are SURE you can purchase a legit DVD
> It is far from dead and many films you need and use
> will ONLY be available in VHS
> Jessica
> ( who is still recovering from her trip to Chicago to
> see the Çubs sweep the pathetic Mets)
> --
> Jessica Rosner
> Kino International
> 333 W 39th St. 503
> NY NY 10018
> 212-629-6880
>> From: "Ryan Whitehead" <>
>> Reply-To:,
>> Date: Tue, 27 Apr 2004 11:11:28 -0500
>> To: <>
>> Subject: RE: [Videolib] Legality of a DVD backup
>> "No" in ALL circumstances?
>> Didn't an earlier post articulate instances in which backing-up was OK -
>> i.e. if the item is damaged and becoming unusable? Though Jim's question
>> didn't cite "damage" as the reason for duplication, a blanket denial may
>> prevent people from exercising rights to which they are entitled.
>> Sincerely,
>> Ryan Whitehead
>> Account Executive, Schools and Libraries
>> Facets Multi-Media, Inc.
>> 1517 West Fullerton
>> Chicago, IL 60614
>> Phone: (773) 281-9075
>> Fax: (773) 929-5437
>> E-Mail:
>> Website:
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