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

Deg Farrelly (DEG.FARRELLY@asu.edu)
Mon, 24 Jan 2005 19:06:09 -0700

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I am not one to contradict Gary Handman (da man!) but... the copyright
law states (bold emphasis added

=20

(c) The right of reproduction under this section applies ... solely for
the purpose of replacement of a copy or phonorecord that is damaged,
deteriorating, lost, or stolen, or if the existing format in which the
work is stored has become obsolete, if -=20

=20

If the only way to legally make a copy were to duplicate the material
that you had in hand, there would be no way to make a copy of a lost or
stolen item.

=20

As long as all the other provisions are met... I think making a
duplicate of another institution's original would be fully within both
the letter and the intent of the law.

=20

Jeff C., care to chime in?

=20

Deg farrelly

ASU at the West Campus

Phoenix, AZ

_____ =20

From: videolib-bounces@library.berkeley.edu
[mailto:videolib-bounces@library.berkeley.edu] On Behalf Of Gary Handman
Sent: Monday, January 24, 2005 4:41 PM
To: videolib@library.berkeley.edu
Subject: Re: [Videolib] Preservation/Security copies (again)

=20

woah woah hold it!

Section 108 DOES NOT (repeat after me) make provisions for borrowing a
copy of a work that the library ONCE OWNED (but which went belly) up for
the purposes of making a replacement. The law allows libraries to make
copies of materials in their current collections which are physically at
risk and for which no replacement is available or to transfer titles
which are no longer playable with commonly available technology. The
copy may be put into play -- the original may not.

I think you'd be on way thin ice making copies of another institution's
better condition video...

Gary

At 03:24 PM 1/24/2005 -0700, you wrote:

All,=20

=20

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

=20

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.

=20

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.

=20

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. =20

=20

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").

=20

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?

=20

mb

=20

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

=20

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

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I am not one to contradict Gary = Handman (da man!) but… the copyright law states (bold emphasis = added

 

(c) The right of reproduction under this section applies … = solely for the purpose of replacement of a copy or phonorecord that is damaged, = deteriorating, lost, or stolen, or if the existing format = in which the work is stored has become obsolete, = if — 

 

If the only way to legally make a = copy were to duplicate the material that you had in hand, there would be no = way to make a copy of a lost or stolen item.

 

As long as all the other provisions = are met… I think making a duplicate of another institution’s = original would be fully within both the letter and the intent of the = law.

 

Jeff C., care to chime = in?

 

Deg farrelly

ASU at the West = Campus

Phoenix, AZ


From: = videolib-bounces@library.berkeley.edu [mailto:videolib-bounces@library.berkeley.edu] On Behalf Of Gary Handman
Sent: Monday, January 24, = 2005 4:41 PM
To: = videolib@library.berkeley.edu
Subject: Re: [Videolib] Preservation/Security copies (again)

 

woah woah hold it!

Section 108 DOES NOT (repeat after me) make provisions for borrowing a = copy of a work that the library ONCE OWNED (but which went belly) up for the = purposes of making a replacement.  The law allows libraries to make copies = of materials in their current collections which are physically at risk and = for which no replacement is available or to transfer titles which are no = longer playable with commonly available technology.  The copy may be put = into play -- the original may not.

I think you'd be on way thin ice making copies of another institution's = better condition video...

Gary


At 03:24 PM 1/24/2005 -0700, you wrote:


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.e= du

 

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."
            &= nbsp;  --Ted Berrigan

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