Re: [Videolib] current event video recordings

Gary Handman (ghandman@library.berkeley.edu)
Wed, 05 Jul 2006 13:49:06 -0700

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Hi

Well...here's my take:

On the issue of taping, archiving, and cataloging news:

Check out Section 108(f)(3) of the copyright law=20
(http://www.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000108----000-=
.html)=20
which sez:

Nothing in this section=AD
shall be construed to limit the reproduction and=20
distribution by lending of a limited number of=20
copies and excerpts by a library or archives of=20
an audiovisual news program, subject to clauses=20
(1), (2), and (3) of subsection (a)

The US House report on 108=20
(http://www.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000108----000-=
notes.html)=20
indicates that

Clause (3) provides that nothing in section=20
<http://www.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000108----000-=
.html>108=20
is intended to limit the reproduction and=20
distribution by lending of a limited number of=20
copies and excerpts of an audiovisual news=20
program. This exemption is intended to apply to=20
the daily newscasts of the national television=20
networks, which report the major events of the=20
day. It does not apply to documentary (except=20
documentary programs involving news reporting as=20
that term is used in section=20
<http://www.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000107----000-=
.html>107),=20
magazine-format or other public affairs=20
broadcasts dealing with subjects of general interest to the viewing public.
The clause was first added to the revision bill=20
in 1974 by the adoption of an amendment proposed=20
by Senator Baker. It is intended to permit=20
libraries and archives, subject to the general=20
conditions of this section, to make off-the-air=20
videotape recordings of daily network news casts=20
for limited distribution to scholars and=20
researchers for use in research purposes. As=20
such, it is an adjunct to the American Television=20
and Radio Archive established in Section 113 of=20
the Act=20
[<http://www.law.cornell.edu/uscode/html/uscode02/usc_sup_01_2.html>2=20
U.S.C.=20
<http://www.law.cornell.edu/uscode/html/uscode02/usc_sec_02_00000170----000-=
.html>170]=20
which will be the principal repository for=20
television broadcast material, including news=20
broadcasts, the inclusion of language indicating=20
that such material may only be distributed by=20
lending by the library or archive is intended to=20
preclude performance, copying, or sale, whether=20
or not for profit, by the recipient of a copy of=20
a television broadcast taped off-the-air pursuant to this clause.

Presidential speeches are usually ok (unless=20
there's commentary provided by the covering=20
agency [i.e. TV channel]). Presidential press=20
conferences...well, they're probably ok under the provisions of 108, too...

I'd stay away from special reports and commentary taped from TV...

Gary Handman

At 01:10 PM 7/5/2006, you wrote:
>Summer project time:
>Our dept. has recorded breaking news stories,=20
>presidential press conferences, etc. over the=20
>past decade. These tapes are on VHS, and are not cataloged in the=
collection.
>I would like to make them available to our=20
>students and faculty, by transferring them to DVD and cataloging them.
>Can I copy them?
>Can I catalog them?
>thanks for your input--and happy summer!
>
>Maureen Tripp
>Media Librarian
>Media Services Center
>180 Tremont St. 3rd Floor
>Boston, MA 02116
>maureen_tripp@emerson.edu
>(617)824-8676
>
>
>
>VIDEOLIB is intended to encourage the broad and=20
>lively discussion of issues relating to the=20
>selection, evaluation, acquisition,bibliographic=20
>control, preservation, and use of current and=20
>evolving video formats in libraries and related=20
>institutions. It is hoped that the list will=20
>serve as an effective working tool for video=20
>librarians, as well as a channel of=20
>communication between libraries,educational=20
>institutions, and video producers and distributors.

Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley
ghandman@library.berkeley.edu
http://www.lib.berkeley.edu/MRC

*****

"In societies where modern conditions of production prevail,
all of life presents itself as an=20
immense accumulation of spectacles."
--Guy Debord =20
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Hi

Well...here's my take:

On the issue of taping, archiving, and cataloging news:

Check out Section 108(f)(3) of the copyright law ( http://www.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000108----000-.= html ) which sez:

Nothing in this section=AD
shall be construed to limit the reproduction and distribution by lending of a limited number of copies and excerpts by a library or archives of an audiovisual news program, subject to clauses (1), (2), and (3) of subsection (a)

The US House report on 108 ( http://www.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000108----000-n= otes.html ) indicates that

Clause (3) provides that nothing in section 108 is intended to limit the reproduction and distribution by lending of a limited number of copies and excerpts of an audiovisual news program. This exemption is intended to apply to the daily newscasts of the national television networks, which report the major events of the day. It does not apply to documentary (except documentary programs involving news reporting as that term is used in section 107), magazine-format or other public affairs broadcasts dealing with subjects of general interest to the viewing public.
The clause was first added to the revision bill in 1974 by the adoption of an amendment proposed by Senator Baker. It is intended to permit libraries and archives, subject to the general conditions of this section, to make off-the-air videotape recordings of daily network news casts for limited distribution to scholars and researchers for use in research purposes. As such, it is an adjunct to the American Television and Radio Archive established in Section 113 of the Act [ 2 U.S.C. 170] which will be the principal repository for television broadcast material, including news broadcasts, the inclusion of language indicating that such material may only be distributed by lending by the library or archive is intended to preclude performance, copying, or sale, whether or not for profit, by the recipient of a copy of a television broadcast taped off-the-air pursuant to this clause.

Presidential speeches are usually ok (unless there's commentary provided by the covering agency [i.e. TV channel]).  Presidential press conferences...well, they're probably ok under the provisions of 108, too...

 I'd stay away from special reports and commentary taped from TV...

Gary Handman


At 01:10 PM 7/5/2006, you wrote:

Summer project time: =
Our dept. has recorded breaking news stories, presidential press conferences, etc. over the past decade.  These tapes are on VHS, and are not cataloged in the collection.
I would like to make them available to our students and faculty, by transferring them to DVD and cataloging them.
Can I copy them?
Can I catalog them?
thanks for your input--and happy summer!

Maureen Tripp
Media Librarian
Media Services Center
180 Tremont St. 3rd Floor
Boston, MA 02116
maureen_tripp@emerson.edu
(617)824-8676



VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors.

Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley
ghandman@library.berkeley.edu
http://www.lib.berkeley.edu/MRC

*****

"In societies where modern conditions of production prevail,
           all of life presents itself as an immense accumulation of spectacles."
            &nbs= p;  --Guy Debord

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VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors.