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

deg farrelly (deg.farrelly@asu.edu)
Tue, 25 Jan 2005 18:16:05 -0700

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Gary, you ARE da Man!

Two important points in this discussion that bear repeating again and again
and again....=20

The * LAW * specifies duplication is permitted if an * UNUSED * copy cannot
be obtained at a reasonable price after a reasonable effort

NOTHING in the law even suggests a requirement to track down the copyright
holder and request permission or inform of your actions. Even if you were
to do so... If the copyright holder=B9s response were =B3No, you cannot make a
copy=B2, or =B3Sure, I=B9ll produce a clean copy for you for $10,000=B2, the LAW
still grants the right to make the copy! (Assuming we would consider $10K
not to be a reasonable price.)

While I understand Jessica=B9s perceptions as a distributor, I do not support
the notion that libraries need to go beyond what the law states in order to
cover their butts!

=20

--
deg farrelly, Associate Librarian
Arizona State University West Library
PO Box 37100=20
Phoenix, Arizona  85069-7100
Phone:  602.543.8522
Email:  deg.farrelly@asu.edu

From: Gary Handman <ghandman@library.berkeley.edu>

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

Your copyright expert be damned, Jessica. Over the past 30 years, most of us in the trenches (including the lawyers who agree with us) have interpreted this section to also apply to video.

I would by all means (and without qualm) copy the entire Eyes on the Prize series if the copies I had were falling apart. (Fortunately, copies of thi= s series are still banging around if you look hard enough). The alternative would be to rip up the cataloging record and tell the public that the best video work ever dealing the Civil Rights Movement was no longer accessible. Not a responsible course of action from a librarian's point of view.

Can't be any loss of sale if they're no longer selling it, eh?

gary

At 03:01 PM 1/25/2005 -0500, you wrote: > Two things at that is it. I was told by at least one copyright expert tha= t the > section was intended ONLY for music recordings but more to the point if y= ou > believe this section would > entitle a library to make a copy of for example an out of print Disney ti= tle > that costs $200 to > get used replacement copy or EYES ON THE PRIZE ( can't imagine what that > would go for) > than you should back up your belief by sending a letter to the rights ho= lder > ( which in these two > cases at least is not difficult) to explain your actions i.e I could not = get > replacement copy of > your title which I legally purchased and am thus dubbing it from another = legal > copy per what > I believe is the libraries right under copyright law. Provided you do tha= t and > make the owner aware I have no problem but I believe if this were in fact > tested in court ( and let's face it we could probably count on Disney for= that > one) the copyright holder would win. >=20 > FYI the last part about used copies is a non issue as the right of first = sale > applies to=20 > any legal copy. And I do think you got a bargain on Berlin but I have not= been > following > it that closely on eBay lately >=20 > Jessica

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Re: [Videolib] Preservation/Security copies (again) Gary,= you ARE da Man!

Two important points in this discussion that bear repeating again and again= and again....

The * LAW * specifies duplication is permitted if an * UNUSED * copy cannot= be obtained at a reasonable price after a reasonable effort

NOTHING in the law even suggests a requirement to track down the copyright = holder and request permission or inform of your actions.  Even if you w= ere to do so... If the copyright holder’s response were “No, you= cannot make a copy”, or  “Sure, I’ll produce a clean= copy for you for $10,000”, the LAW still grants the right to make the= copy!  (Assuming we would consider $10K not to be a reasonable price.)=

While I understand Jessica’s perceptions as a distributor, I do not s= upport the notion that libraries need to go beyond what the law states in or= der to cover their butts!

 
--
deg farrelly, Associate Librarian
Arizona State University West Library
PO Box 37100
Phoenix, Arizona  85069-7100
Phone:  602.543.8522
Email:  deg.farrelly@asu.edu



From: Gary Handman <ghandman@library.berkeley.edu>

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

Your copyright expert = be damned, Jessica.  Over the past 30 years, most of us in the trenches= (including the lawyers who agree with us) have interpreted this section to = also apply to video.  

I would by all means (and without qualm) copy the entire Eyes on the Prize = series if the copies I had were falling apart.  (Fortunately, copies of= this series are still banging around if you look hard enough).  The al= ternative would be to rip up the cataloging record and tell the public that = the best video work ever dealing the Civil Rights Movement was no longer acc= essible.  Not a responsible course of action from a librarian's point o= f view.  

Can't be any loss of sale if they're no longer selling it, eh?

gary

At 03:01 PM 1/25/2005 -0500, you wrote:

Two things at that is it. I was t= old by at least one copyright expert that the section was intended ONLY for = music recordings but more to the point if you believe this section would
entitle a library to make a copy of for example an out of print Disney titl= e that costs $200 to
get  used replacement copy or EYES ON THE PRIZE ( can't imagine what t= hat would go for)
than you should back up  your belief by sending a letter to the rights= holder ( which in these two
cases at least is not difficult) to explain your actions i.e I could not ge= t  replacement copy of
your title which I legally purchased and am thus dubbing it from another le= gal copy per what
I believe is the libraries right under copyright law. Provided you do that = and  make the owner aware I have no problem but I believe if this were = in fact tested in court ( and let's face it we could probably count on Disne= y for that one) the copyright holder would win.

FYI the last part about used copies is a non issue as the right of first sa= le applies to
any legal copy. And I do think you got a bargain on Berlin but I have not b= een following
it that closely on eBay lately

Jessica

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