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.
Syracuse University Library
Syracuse, NY 13244
>>> email@example.com 01/24/05 5:54 PM >>>
Hi Michael, I'm now a library director, but have been 9and always will
an AV Librarian. Yes, I've used this exeption but not as a regular
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
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
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
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
court cases, legal precedents, origination of the law and implications
technology so I'll have to get back to you on that. Let me know if you
Jim Scholtz, Library Director
Yankton Community Library
515 Walnut St.
Yankton, SD 57078
[mailto:firstname.lastname@example.org]On Behalf Of Brewer,
Sent: Monday, January 24, 2005 5:25 PM
Subject: [Videolib] Preservation/Security copies (again)
I heard from very few people about the preservation/security copy
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
lost item from another institution), or if any of you have made a copy
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
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,
2) perseverance to actually use this exemption in order to get a copy of
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
(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
the requesting institution; 2. it is now lost, stolen, or damaged; 3.
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
job), but perhaps that is the group through which to work on this.
else have any ideas, comments, etc?
Slavic Studies, German Studies & Media Arts Librarian
University of Arizona Library A210
1510 E. University
P.O. Box 210055
Tucson, AZ 85721
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