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

George Abbott (glabbott@syr.edu)
Mon, 24 Jan 2005 23:42:15 -0500

I believe it has been discussed on this list before that it is not
permissible to make a copy of an expensive item in anticipation of
damage. As Deg points out the law says you can make a copy of a
damaged, lost or stolen copy (presumeably after the fact and the only
way this could happen would be to borrow the copy from another
institution to copy). I think the law goes on to state that you may
only do this if a replacement is not available at a reasonable cost. It
the original cost $800 then a replacement cost of $800 would also be
consider reasonable, although some distributors will sell you reduced
cost replacements.

As for making copies of Harry Potter DVDs you wouldn't currently be able
to do this anyway since you would have to violate the DMCA
anti-circumvention provision to do so. Another example of where the
DMCA make it impossible to exercise the legal exemptions granted under
Section 108 and other sections of the law.

George.

George Abbott
Syracuse University Library
Syracuse, NY 13244
V: 315.443.2438
F: 315.443.9510
E: glabbott@syr.edu
>>> jimscholtz@sdln.net 01/24/05 5:54 PM >>>
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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