RE: [Videolib] off air recording and copyright

Brewer, Michael (brewerm@u.library.arizona.edu)
Fri, 28 Jul 2006 11:03:11 -0700

All,

Cindy,

I think it depends on how the photocopy was acquired. If a professor
acquired a copy of an out of print book (and unavailable for purchase)
through a library or archive that copied it for him under Section 108,
then his further legal use of that copy should not pose any issues.

It is true that 108 states that the library should not make a copy of an
entire work for a user if they have reason to believe it will be used
for purposes other than research, scholarship & private study purposes.
However, that is for the library to worry about at the time the copy was
made. If the professor later decides he/she would like to put this book
on reserve (or do anything else with it that is legal), there is nothing
saying he/she can't. There is no license that comes with the item saying
it can only be used in a particular way.

Additionally, is an off-air copy in fact an illegal copy? How can it be
a legal copy for a certain amount of time, and then suddenly illegal? I
don't think it is the copy that is illegal here (though I could be wrong
- I'd like to hear if others have more info on this). The question is,
is the use illegal.

Anyone have more info on this one?

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: owner-videolib@lists.berkeley.edu
[mailto:owner-videolib@lists.berkeley.edu] On Behalf Of
Badilla-Melendez, Cindy
Sent: Friday, July 28, 2006 9:00 AM
To: 'videolib@lists.berkeley.edu'
Subject: RE: [Videolib] off air recording and copyright

Would you put on course reserve an entire book made on photocopy? I
would
not.

We don't put on course reserve anything that is a illegal copy.
__________________________________________________
Cindy Badilla-Melendez
Media Resources Librarian
O'Shaughnessy-Frey Library,
University of St. Thomas
phone (651) 962-5464
fax (651) 962-5406

-----Original Message-----
From: Rick Provine [mailto:provine@depauw.edu]
Sent: Friday, July 28, 2006 10:22 AM
To: ghandman@library.berkeley.edu; videolib@lists.berkeley.edu
Subject: Re: [Videolib] off air recording and copyright

i certainly wouldn't add it to the collection...but we are talking about
a personal copy on reserve...

>>> ghandman@library.berkeley.edu 7/28/2006 11:08:08 AM >>>
yeah, I agree, Rick. Classroom use of stuff, OK, but the sticking
point is whether long-term retention (for eg in a library collection)
meets Fair Use tests...I personally don't think it does.

Gary

At 06:59 AM 7/28/2006, you wrote:
>I will take a stab at this one...
>
>Lets look at the Fair Use argument. Just becauise the off-air
>guidelines exist, that doesn't mean you can't make a Fair Use case
for
>an off-air recording. This one seems compelling to me.
>
>- It is not commercially available (at any price, much less a
>"reasonable" price)
>- The impact on the original work is nil
>- The purpose of the use is educational, and you are not making
copies
>or otherwise distributing
>
>The fact that the content is not available any other way, and there
is
>no other available means for the faculty member to utilize this
content
>for his course makes this a defensible fair use argument. If this
were
>a Disney title, who deliberately manipulates out-of-print periods to
>increase market value, it might be different. There is a used market
>and there are options to obtain legal copies.
>
>But where is the harm here relative to the educational value?
>Education is not in and of itself the criteria for fair use, but it is
a
>factor and, in this case, feels right to me. I would allow it in
this
>case.
>
>Rick
>
>
>_____________________________
>Rick Provine
>Director of Libraries
>DePauw University
>11 East Larabee Street
>Greencastle, IN 46135
>provine@depauw.edu
>office 765-658-4435
>mobile 765-301-0262
>fax 765-658-4445
>
> >>> cmhealy@waketech.edu 7/28/2006 9:25 AM >>>
>OK,OK -
>Wait one second here. I know copyright is murky and filled with mere
>guidelines as opposed to rules and laws and I know that there are no
>copyright police around to bust me, but one area I am confident
about
>is off-air taping. It does not seem ambiguous that off-air tapes are
>good for only a short time - 10 days ish - and then they have to be
>destroyed.
>
>I am really surprised that at least two replies to my initial query
>have suggested that this prof can go right on ahead and put a three
>year
>old taped-from-TV show on reserve. I also know that copyright law is
>constantly up for interpretation but this seems a clear case. I don't
>think it even merits "a closer look". If this item doesn't clearly
>violate copyright, I will turn in my jr. deputy copyright cop badge
>and
>decoder ring for good and let things slide which would make every
>single
>person I work with jump for joy.
>
>Those of you who are academic librarians who work directly with media
>and who don't care to hedge you bets with "take another look" or
>"probably" or "depending on the details", please state clearly why
you
>would absolutely put this old home made tape on reserve.
>
>Ciara
>
> >>> notaro@stpt.usf.edu 7/28/2006 8:22 am >>>
>
> > FYI I have off air copies of THE GLITTERING PRIZES which PBS aired
> > in the late 70s. It is considered to be one the best British
> > series ever made. Never released in any format in any country
> > Think I can loan out those puppies for classroom use ?
>
>Absolutely!
>
>Jerry
>
>
>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.
>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.
>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."
--Guy Debord

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.
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.
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.

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.