RE: [Videolib] Preservation/Security copies (again)

James Scholtz (jimscholtz@sdln.net)
Mon, 24 Jan 2005 17:54:50 -0500

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Hi Michael, I'm now a library director, but have been 9and always will be)
an AV Librarian. Yes, I've used this exeption but not as a regular course
of events. Back in 1982, there was a video entitled "The American
Challenge" about the America's Cup sailing race. Price $800 with public
performance rights. We made one archival copy of such expensive
programs(exceeding $250 when, at that time, the ave. price of a PP video was
around $250), circulating the original. The original was damaged and we
recataloged the copy without purchasing another copy. You should be
carefully of this 'exemption' because it should not be used as an attempt to
circumvent the purchase of a legal, available copy, just because the
original was damaged. I don't think that the MPAA would look kindly on
libraries reving up their DVD copiers to copy en mass, Harry Potter movies,
just because a library copy was damaged. While I write about copyright,
public performance, etc. I haven't looked at this exemption in detail as to
court cases, legal precedents, origination of the law and implications of
technology so I'll have to get back to you on that. Let me know if you have
anything.

Jim Scholtz, Library Director
Yankton Community Library
515 Walnut St.
Yankton, SD 57078
(605) 668-5276
jimscholtz@sdln.net

-----Original Message-----
From: videolib-bounces@library.berkeley.edu
[mailto:videolib-bounces@library.berkeley.edu]On Behalf Of Brewer, Michael
Sent: Monday, January 24, 2005 5:25 PM
To: 'videolib@library.berkeley.edu'
Subject: [Videolib] Preservation/Security copies (again)

All,

I heard from very few people about the preservation/security copy issue,
which makes me wonder...

I am wondering if any of you have actually used this exemption at any
point (the exemption which allows libraries to get a copy of a damaged or
lost item from another institution), or if any of you have made a copy of a
video for another library that was using this exemption. If so, I would
love to hear about it.

It is hard for me to believe that no library out there has ever lost or
damaged an out of print video. On the other hand, I also don't want to
believe that no media librarian out there has ever had the 1) knowledge, and
2) perseverance to actually use this exemption in order to get a copy of a
video from another institution.

If this, indeed, is the case, that this exemption is not being used to
provide our customers with items that we legally purchased, and which we
have every right to duplicate (or request a duplicate from another
institution), it is really too bad.

I think that as a group we might want to figure out some sort of process
(and agreement) for providing one another copies of videos, when all the
terms required of this exemption are met (1. legal copy was once owned by
the requesting institution; 2. it is now lost, stolen, or damaged; 3. the
video is not available for purchase "at a reasonable price").

I don't yet belong to VRT (I am fairly new to the Media Arts portion of my
job), but perhaps that is the group through which to work on this. Anyone
else have any ideas, comments, etc?

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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Hi=20 Michael,  I'm now a library director, but have been 9and always = will be) an=20 AV Librarian.  Yes, I've used this exeption but not as a regular = course of=20 events.  Back in 1982, there was a video entitled "The American = Challenge"=20 about the America's Cup sailing race.  Price $800 with public = performance=20 rights.  We made one archival copy of such expensive=20 programs(exceeding $250 when, at that time, the ave. price of a PP video = was=20 around $250), circulating the original.  The original was damaged = and we=20 recataloged the copy without purchasing another copy.  You should = be=20 carefully of this 'exemption' because it should not be used as an = attempt=20 to circumvent the purchase of a legal, available copy, just because the = original=20 was damaged.  I don't think that the MPAA would look kindly on = libraries=20 reving up their DVD copiers to copy en mass, Harry Potter movies, just = because a=20 library copy was damaged.  While I write about copyright, public=20 performance, etc. I haven't looked at this exemption in detail as to = court=20 cases, legal precedents, origination of the law and implications of = technology=20 so I'll have to get back to you on that.  Let me know if you have=20 anything. 
 

Jim Scholtz, Library Director
Yankton Community=20 Library
515 Walnut St.
Yankton, SD  57078
(605)=20 668-5276
jimscholtz@sdln.net

-----Original Message-----
From:=20 videolib-bounces@library.berkeley.edu=20 [mailto:videolib-bounces@library.berkeley.edu]On Behalf Of = Brewer,=20 Michael
Sent: Monday, January 24, 2005 5:25 PM
To: = 'videolib@library.berkeley.edu'
Subject: [Videolib]=20 Preservation/Security copies (again)

All,

 

I heard from very few = people about=20 the preservation/security copy issue, which makes me wonder...=20  

 

I am wondering if any of = you have=20 actually used this = exemption at=20 any point (the exemption which allows libraries to get a copy of a = damaged or=20 lost item from another institution), or if any of you have made a copy of a video for = another=20 library that was using this exemption.  If so, I would love to = hear about=20 it.

 

It is hard for me to = believe that=20 no library out there has ever=20 lost or damaged an out of print video.  On the other = hand, I=20 also don't want to believe that no media librarian out there has ever = had the=20 1) knowledge, and 2) perseverance to actually use this exemption in = order to=20 get a copy of a video from another institution.

 

If this, indeed, is the = case, that=20 this exemption is not being used to provide our customers with items = that we=20 legally purchased, and which we have every right to duplicate (or = request a=20 duplicate from another institution), it is really too bad. =20

 

I think that as a group = we might=20 want to figure out some sort of process (and agreement) for providing = one=20 another copies of videos, when all the terms required of this = exemption are=20 met (1. legal copy was once owned by the requesting institution; 2. it = is now=20 lost, stolen, or damaged; 3. the video is not available for purchase = "at a=20 reasonable price").

 

I don't yet belong to = VRT (I am=20 fairly new to the Media Arts portion of my job), but perhaps that is = the group=20 through which to work on this.  Anyone else have any ideas, = comments,=20 etc?

 

mb

 

Michael = Brewer

Slavic Studies, German = Studies=20 & Media Arts Librarian

University of Arizona = Library=20 A210

1510 E.=20 University

P.O. Box = 210055

Tucson, AZ=20 85721

Voice:=20 520.307.2771

Fax:=20 520.621.9733

brewerm@u.library.arizona.e= du

 

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