Re: [Videolib] Here we go AGAIN

Gary Handman (
Wed, 05 May 2004 16:57:01 -0700

Deg's my man! (I like you, too, Jessica, as misguided as you are)


At 11:38 AM 5/5/2004, you wrote:
>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
>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"
>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
>( 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
> > 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:
>Videolib mailing list

Gary Handman
Media Resources Center
Moffitt Library
UC Berkeley


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

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