[Videolib] Creating replacement copies (section 108)

Brewer, Michael (brewerm@u.library.arizona.edu)
Thu, 20 Jan 2005 08:34:30 -0700

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All,


I am wondering what other libraries out there are doing about making
preservation/replacement copies of rare videos (that are no longer available
for sale), or getting replacement copies of such videos if they are lost,
stolen or deteriorating. Section 108 allows libraries to make replacement
copies if something is lost, stolen, deteriorating or in an obsolete format
(if it is no longer for sale at a reasonable price).


My question is, how are libraries actually doing this? The law does not
seem to allow for creating a replacement copy in the expectation that a
video will be damaged, stolen or lost (no "just in case"), at least not for
published works (which are the only kind I am interested in). I know that
some libraries (a former alma mater that will remain unnamed) make "study"
copies of everything that they own. At the institution I am thinking of
these just stayed in a locked room and were not used/circulated, nor did
they replace damaged items (if they were available at a reasonable price. I
don't know what they did if the video was out of print). I expect they were
for preservation/just in case purposes. I remember being able to actually
use one once for a class, as our classroom did not have a video disc player
(the original was on video disc), and the "study copy" was on VHS. Do other
institutions do this sort of thing? If so, how do you justify it vis a vis
copyright law?


Have other institutions made copies of videos (allowed by 108) for other
libraries whose original was damaged, lost or stolen? Is this a common
thing? Is there some sort of codified way of doing this or does one simply
find a library that owns the video, contact the media librarian and beg for
a copy (having shown them that your library did own a legal copy and
pointing out where it is legal to make a replacement copy in section 108)?
Our video/DVD collection circulates (not my idea) and, as such, it is
damaged and stolen at a higher rate than most non-circulating collections.
I am concerned about the videos that I cannot replace and want to either
create an in-house means of backing up those that are high risk (though I
don't think I can do this legally, having revisited 108), or figuring out a
process through which I can request copies of those that have been lost,
damaged or stolen from other institutions.


Can others please share their experiences and knowledge on this subject?


Thanks,


mb


Michael Brewer

Slavic Studies, German Studies & Media Arts Librarian

University of Arizona Library A210

1510 E. University

P.O. Box 210055

Tucson, AZ 85721

Voice: 520.307.2771

Fax: 520.621.9733

brewerm@u.library.arizona.edu <mailto:brewerm@u.library.arizona.edu>


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All,

 

I am wondering what other libraries out there are doing about making preservation/replacement copies of rare videos (that are no longer available for sale), or getting replacement copies of such videos if they are lost, stolen or deteriorating.  Section 108 allows libraries to make replacement copies if something is lost, stolen, deteriorating or in an obsolete format (if it is no longer for sale at a reasonable price).  

 

My question is, how are libraries actually doing this?  The law does not seem to allow for creating a replacement copy in the expectation that a video will be damaged, stolen or lost (no "just in case"), at least not for published works (which are the only kind I am interested in).  I know that some libraries (a former alma mater that will remain unnamed) make "study" copies of everything that they own.  At the institution I am thinking of these just stayed in a locked room and were not used/circulated, nor did they replace damaged items (if they were available at a reasonable price. I don't know what they did if the video was out of print).  I expect they were for preservation/just in case purposes.  I remember being able to actually use one once for a class, as our classroom did not have a video disc player (the original was on video disc), and the "study copy" was on VHS.  Do other institutions do this sort of thing?  If so, how do you justify it vis a vis copyright law? 

 

Have other institutions made copies of videos (allowed by 108) for other libraries whose original was damaged, lost or stolen?  Is this a common thing?  Is there some sort of codified way of doing this or does one simply find a library that owns the video, contact the media librarian and beg for a copy (having shown them that your library did own a legal copy and pointing out where it is legal to make a replacement copy in section 108)?  Our video/DVD collection circulates (not my idea) and, as such, it is damaged and stolen at a higher rate than most non-circulating collections.  I am concerned about the videos that I cannot replace and want to either create an in-house means of backing up those that are high risk (though I don't think I can do this legally, having revisited 108), or figuring out a process through which I can request copies of those that have been lost, damaged or stolen from other institutions.

 

Can others please share their experiences and knowledge on this subject?

 

Thanks,

 

mb

 

Michael Brewer

Slavic Studies, German Studies & Media Arts Librarian

University of Arizona Library A210

1510 E. University

P.O. Box 210055

Tucson, AZ 85721

Voice: 520.307.2771

Fax: 520.621.9733

brewerm@u.library.arizona.edu

 

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