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

Brewer, Michael (brewerm@u.library.arizona.edu)
Wed, 26 Jan 2005 13:06:54 -0700

Eileen,

You bring up good points. Unless a court actually has made a decision about
this, all we have to go on is the text you quoted. Some will understand
this as not requiring searching OP dealers, as their material is primarily
used. Others might not. Some would understand "fair price" as having to do
with the original price of sale (or one adjusted for inflation), while
others would look to market value (which might be hard to really determine
if there are just a couple copies available -- the asking price may not be
market, as they might never sell at that price). Once again, people would
interpret the text differently.

Attempting to creating guidelines around this could allow us, as a group to
work through some of these differences of opinion. Were we to do that, we
might actually use this exemption on occasion, ultimately giving our
customers fuller access to rare works while not impacting negatively on the
rights of the copyright holder.

My sense is that because the law says nothing about where one would get the
copy from which to make a replacement copy, no restrictions are being put on
that (other than, perhaps, that the copy has to be a legal copy to begin
with).

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: Eileen Karsten [mailto:karsten@lakeforest.edu]
Sent: Wednesday, January 26, 2005 11:05 AM
To: videolib@library.berkeley.edu
Subject: Re: [Videolib] Preservation/Security copies (again)

The law says in Title 17, Chapter 1, 108 , Section C 1: "the library
or archives has, after a reasonable effort, determined that an unused
replacement cannot be obtained at a fair price*" *I did not see
anywhere in the law where you obtained the copy was specified or "the
market for rare items is not regulated by copyright nor does it have any
impact on it." So, would you please enlighten me to where this appears
in the U.S. Code. I have always assumed that when I needed to replace an
out-of-print item (printed or media) still covered by copyright that
searching with out-of-print dealers was covered under reasonable effort.

Sincerely,

Eileen Karsten
Head of Technical Services
555 N. Sheridan Road
Lake Forest, IL 60045

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