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
>
>_______________________________________________
>Videolib mailing list
>Videolib@library.berkeley.edu
>http://www.lib.berkeley.edu/mailman/listinfo/videolib
===========
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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