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

Brewer, Michael (brewerm@u.library.arizona.edu)
Tue, 25 Jan 2005 11:52:28 -0700

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Gary,


Here it is. It is section c. It does not say anything about borrowing to
make a copy, but it says you can make a copy (and I assume it doesn't matter
where the copy came from, as long as it is a legal copy). I would not read
into it that one has to own a second copy in order to make a copy of your
first, now lost, copy. This is not how it has been understood by ALA (see
Carrie Russell's new book Complete Copyright, pages 31-33 or so).


(c) The right of reproduction under this section applies to three copies or
phonorecords of a published work duplicated 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 --

(1) the library or archives has, after a reasonable effort, determined that
an unused replacement cannot be obtained at a fair price; and

(2) any such copy or phonorecord that is reproduced in digital format is not
made available to the public in that format outside the premises of the
library or archives in lawful possession of such copy.

For purposes of this subsection, a format shall be considered obsolete if
the machine or device necessary to render perceptible a work stored in that
format is no longer manufactured or is no longer reasonably available in the
commercial marketplace.



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>

-----Original Message-----
From: Gary Handman [mailto:ghandman@library.berkeley.edu]
Sent: Tuesday, January 25, 2005 10:06 AM
To: videolib@library.berkeley.edu
Subject: RE: [Videolib] Preservation/Security copies (again)


Hmmmm...I just plowed thru Section 108 and couldn't find a word about making
copies from borrowed works...

Wanna edify me, Michael?

gary

At 08:12 AM 1/25/2005 -0700, you wrote:

All,


I will have to agree with Deg here. The law clearly states that one library
can make a copy for another library, if that library had a legal copy to
begin with, if that copy has now been damaged, degraded, stolen or lost.
One can transfer to another format if that format is obsolete (what obsolete
means is another topic all together; I am most interested in damaged, stolen
and lost items). Though the law talks about making a copy for another
library, I think lending one's copy to have that library make a copy seems
also reasonable (same result, though perhaps a little more risky - releasing
an already rare video to another library rather than just making them a copy
and sending it to them). I would like to think that "physically at risk"
copies are part of the exemption, but that is reading a bit into it. It
talks about "deteriorating" copies, but not those "at risk" (which could
encompass a much broader range of situations). UNPUBLISHED items can be
backed up (regardless of condition) as preservation/security copies (even
digitally), but those back ups cannot be circulated outside the library.
Often people conflate unpublished and published and this is where some
confusion creeps in.


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>

-----Original Message-----
From: Deg Farrelly [mailto:DEG.FARRELLY@asu.edu
<mailto:DEG.FARRELLY@asu.edu> ]
Sent: Monday, January 24, 2005 7:06 PM
To: videolib@library.berkeley.edu
Subject: RE: [Videolib] Preservation/Security copies (again)


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


Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley
ghandman@library.berkeley.edu
http://www.lib.berkeley.edu/MRC <http://www.lib.berkeley.edu/MRC>

****

"Movies are poems, a holy bible, the great mother of us."
--Ted Berrigan

Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley
ghandman@library.berkeley.edu
http://www.lib.berkeley.edu/MRC <http://www.lib.berkeley.edu/MRC>

****

"Movies are poems, a holy bible, the great mother of us."
--Ted Berrigan

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Gary,

 

Here it is.  It is section c.  It does not say anything about borrowing to make a copy, but it says you can make a copy (and I assume it doesn't matter where the copy came from, as long as it is a legal copy).  I would not read into it that one has to own a second copy in order to make a copy of your first, now lost, copy.  This is not how it has been understood by ALA (see Carrie Russell's new book Complete Copyright, pages 31-33 or so).

 

(c) The right of reproduction under this section applies to three copies or phonorecords of a published work duplicated 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 --

(1) the library or archives has, after a reasonable effort, determined that an unused replacement cannot be obtained at a fair price; and

(2) any such copy or phonorecord that is reproduced in digital format is not made available to the public in that format outside the premises of the library or archives in lawful possession of such copy.

For purposes of this subsection, a format shall be considered obsolete if the machine or device necessary to render perceptible a work stored in that format is no longer manufactured or is no longer reasonably available in the commercial marketplace.

 

 

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

-----Original Message-----
From: Gary Handman [mailto:ghandman@library.berkeley.edu]
Sent: Tuesday, January 25, 2005 10:06 AM
To: videolib@library.berkeley.edu
Subject: RE: [Videolib] Preservation/Security copies (again)

 

Hmmmm...I just plowed thru Section 108 and couldn't find a word about making copies from borrowed works...

Wanna edify me, Michael?

gary



At 08:12 AM 1/25/2005 -0700, you wrote:


All,

 

I will have to agree with Deg here.  The law clearly states that one library can make a copy for another library, if that library had a legal copy to begin with, if that copy has now been damaged, degraded, stolen or lost.  One can transfer to another format if that format is obsolete (what obsolete means is another topic all together; I am most interested in damaged, stolen and lost items).  Though the law talks about making a copy for another library, I think lending one's copy to have that library make a copy seems also reasonable (same result, though perhaps a little more risky - releasing an already rare video to another library rather than just making them a copy and sending it to them).  I would like to think that "physically at risk" copies are part of the exemption, but that is reading a bit into it.  It talks about "deteriorating" copies, but not those "at risk" (which could encompass a much broader range of situations).  UNPUBLISHED items can be backed up (regardless of condition) as preservation/security copies (even digitally), but those back ups cannot be circulated outside the library.  Often people conflate unpublished and published and this is where some confusion creeps in.

 

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

-----Original Message-----
From: Deg Farrelly [mailto:DEG.FARRELLY@asu.edu]
Sent: Monday, January 24, 2005 7:06 PM
To: videolib@library.berkeley.edu
Subject: RE: [Videolib] Preservation/Security copies (again)

 

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.edu

 

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

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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