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

Troy Davis (tdavis@email.lib.utk.edu)
Tue, 25 Jan 2005 18:25:43 -0500

Well Disney doesn't have to "allow" anyone, in fact the point of an
"exemption" to exclusive rights is that you don't have to ask for
permission (under certain conditions). Why?..well the Supreme Court has
said some important things like (in Fogerty v. Fantasy, Inc.):

"Because copyright law ultimately serves the purpose of enriching the
general public through access to creative works, it is peculiarly
important that the boundaries of copyright law be demarcated as clearly
as possible."

and in Twentieth Century Music Corp. v. Aiken (1975),

"The immediate effect of our copyright law is to secure a fair return
for an 'author's' creative labor. But the ULTIMATE AIM is, by this
incentive, to stimulate artistic creativity for the general public
good." (emphasis added)

And in Sony Corp v. Universal City Studios (1984):

"The monopoly privileges that Congress may authorize are neither
unlimited nor primarily designed to provide a special private benefit.
Rather, the limited grant is a means by which an important public
purpose may be achieved."

They also make it clear in that same case that copyright protection was
NEVER intended to accord the copyright owner COMPLETE control over all
possible uses of a work because, as the Court put, society has a
"competing interest in the free flow of ideas."

So its the U.S. Constitution (the premise of copyright) that allows
libraries to dub something, not Disney.

There does seem to be a distinction in Section 108 subsections (a) and
(b) between published and unpublished works thats worth looking at when
dealing with dubbing a "borrowed" copy.

For published works, the statute clearly states "unused" replacement,
so the ebay scenario is not relevant.

Troy

Jessica Rosner wrote:
> Um I am not going to go to far on this one which I have posted before
> but you don't just to
> get to dub a copy of any out of print title, anymore than you get to
> photocopy an out of print book. If you think Disney allows libraries to
> dub a title they take out circulation on a routine
> basis because it now costs $200 to buy a used one, think again. Good
> luck legally determining
> what is a " reasonable " cost. If the going rate on eBay of a LEGAL used
> copy of BERLIN ALEXANDERPLATZ is $1500 ( which I think it is) who is to
> say that is not a fair price. That is
> the cost of a rare out of print title. Video is a long, long, long way
> from being an "obsolete".
>
> Needless to say there is little chance of any library being "caught"
> dubbing an item but as
> a distributor I have like to believe they would not.
>
> Jessica
> ( hey I think it has been MONTHS since I had a rant . I am out of practice)
>
>
>
>
>
> Proud Resident of a BLUE STATE
>
> Jessica Rosner
> Kino International
> 333 W 39th St. 503
> NY NY 10018
> jrosner@kino.com
> 212-629-6880
>
>
> *From: *"Brewer, Michael" <brewerm@u.library.arizona.edu>
> *Reply-To: *videolib@library.berkeley.edu
> *Date: *Mon, 24 Jan 2005 15:24:57 -0700
> *To: *"'videolib@library.berkeley.edu'" <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
>
>
>
>

-- 
M. Troy Davis
Media Services Librarian
University of Tennessee Libraries :: The Studio
245 John C. Hodges Library
Knoxville, TN 37996
(865)974-4726
troydavis@utk.edu
http://www.lib.utk.edu/mediacenter/studio

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