RE: [Videolib] Unavailable videos

Brewer, Michael (brewerm@u.library.arizona.edu)
Fri, 22 Jul 2005 12:35:09 -0700

Gerie,

You are not out of luck. You cannot make a "back up" copy, but libraries
have been granted an exemption which allows us to make a copy of any
item that has been stolen, damaged, degrading or lost and which is not
available for purchase in an unused copy. This assumes that the copy
you owned originally was legal and that the copy you make a copy from is
also legal. You may make a digital copy, but that copy cannot circulate
outside the institution.

Here is the law:

(c) The right of reproduction under this section applies to three copies
or phonorecords of a published work duplicated solely for the purpose of
replacement of a copy or phonorecord that is damaged, deteriorating,
lost, or stolen, or if the existing format in which the work is stored
has become obsolete, if -

(1) the library or archives has, after a reasonable effort, determined
that an unused replacement cannot be obtained at a fair price; and

(2) any such copy or phonorecord that is reproduced in digital format is
not made available to the public in that format outside the premises of
the library or archives in lawful possession of such copy.

Please do use this exemption (given to us by law!) if it applies to your
situation.

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: videolib-bounces@library.berkeley.edu
[mailto:videolib-bounces@library.berkeley.edu] On Behalf Of VENTURA,
GERIE
Sent: Friday, July 22, 2005 11:11 AM
To: videolib@library.berkeley.edu
Subject: [Videolib] Unavailable videos

Hello all,

We have the Rock and Roll video series from 1995; it was coproduced by
WGBH Boston and the BBC. It's used a lot by music faculty. One of them
came in the other day trying to figure out 1)How he could buy his own
copy and 2)If it's available on DVD.

I called and found out that it's "no longer available". They don't have
the right to sell it anymore.

So...we're "stuck", right? Once our worn VHS copies are damaged, we're
out of luck forever? We can't make backup copies of them or transfer
them to DVD?

Just checking.

Thanks,

Gerie Ventura
Highline Community College
Library, Media Services
Des Moines, Washington (not Iowa) 98198
e-mail: gventura@highline.edu


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