Re: [Videolib] Eyes on the Prize

7 (clarkjc@jmu.edu)
Thu, 27 Jan 2005 17:06:08 -0500

Also, I'd say there may be another complication following on
the download strategy, besides it's own legality.

If your "copy" of the download was made to DVD (rather than
analog tape), this qualifies as a digital copy. Use of
digital copies is restricted to the library premises under 108
(c).

This same provision might have a bearing on the creation of
the illegal--or infringing--download in the first place...
assuming it is made by a qualifying library/archive, of
course. All others doing so are already infringing at the
very least by having made it, because they don't qualify
under 108 for doing this. Then distributing off-premises only
compounds the error. Jeff (who'll forego thoughts on civil
disobedience for the time being)

---- Original message ----
>Date: Thu, 27 Jan 2005 15:32:05 -0500
>From: Jessica Rosner <jrosner@kino.com>
>Subject: Re: [Videolib] Eyes on the Prize
>To: <videolib@library.berkeley.edu>
>
>No according to your colleagues you can make a VHS dub of
another legal VHS
>copyThe download suggested in this case is totally illegal
so of course you
>can not copy it , nor can you get it in another format. You
ONLY get to
>make VHS to VHS ( or DVD to DVD), you DO NOT GET to upgrade
or change
>formats.
>
>You guys see what I mean by slippery slope?
>
>
>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: "Griest, Bryan" <BGriest@ci.glendale.ca.us>
>> Reply-To: videolib@library.berkeley.edu
>> Date: Thu, 27 Jan 2005 11:35:13 -0800
>> To: "'videolib@library.berkeley.edu'"
<videolib@library.berkeley.edu>
>> Subject: RE: [Videolib] Eyes on the Prize
>>
>> Ok, so if my predecessor was not foresightful enough to
know that an item
>> was going to go out of print for who-knows-how-long (if
not forever) to make
>> a copy, I have no recourse? Am I to assume, then, that I
*should* be making
>> archival/replacement copies of everything we own, just in
case? That seems
>> to be a rather bizarre demand to make of any budget-
stressed organization.
>> Conversely, if I am allowed to make a copy from another
institution's copy,
>> how is this download any different, since presumably this
is a digitization
>> of an analog signal and therefore not an exact replication
of an original
>> "master"?
>>
>> -----Original Message-----
>> From: videolib-bounces@library.berkeley.edu
>> [mailto:videolib-bounces@library.berkeley.edu]On Behalf Of
Jessica
>> Rosner
>> Sent: Thursday, January 27, 2005 10:22 AM
>> To: videolib@library.berkeley.edu
>> Subject: Re: [Videolib] Eyes on the Prize
>>
>>
>> I don't even want to touch who gets to decide why EYES ON
THE PRIZE is more
>> important than HOLLYWOOD THE PIONEERS or yes SONG OF THE
SOUTH
>> but to the last point. Downloading of a copyrighted work
without permission
>> is illegal PERIOD. According to the group( with the
occasional dissenter)
>> you can make a VHS copy from another LEGAL VHS copy IF
you owned a copy and
>> it is not lost stolen or damaged.
>>
>> _______________________________________________
>> Videolib mailing list
>> Videolib@library.berkeley.edu
>> http://www.lib.berkeley.edu/mailman/listinfo/videolib
>
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===========
Jeff Clark
Director
Media Resources MSC 1701
James Madison University
Harrisonburg VA 22807
clarkjc@jmu.edu (email)
540-568-6770 (phone)
540-568-7037 (fax)
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