RE: [Videolib] ppr

Brewer, Michael (brewerm@u.library.arizona.edu)
Tue, 12 Sep 2006 12:10:23 -0700

Jessica,

I don't think there is anything that says you can't "upgrade" the format
in section 108. After all, part of 108 is about moving from obsolete
formats to formats that are not obsolete (like from old Umatic tapes to
VHS, or some such thing).

Whether or not one can move from analog to digital (replace a lost VHS
with a copy that has been digitized and put on DVD) for lost, damaged,
or deteriorating items is not spelled out in the law. It is clear,
however, that if the copy made is a digital copy, that it cannot be made
available to the public outside the library/archives.

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 Jessica Rosner
Sent: Tuesday, September 12, 2006 9:52 AM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] ppr

Well I don't want to dwell on this but even you accept this ( which I
don't
but again let's not go there) you would still at best have to locate
A legal copy of a rare video in another library and make a VIDEO only
dupe
of it ( you don't get to upgrade formats) so again if I owned a copy
Of rare videos I would restrict them to library use

On 9/12/06 12:30 PM, "Pamela Thomas" <Pthomas@syr.edu> wrote:

>> I believe Jessica is just suggesting that out-of-print videos are
> highly
>> desirable and susceptible to theft. Why they should be more so than
> books is
>> beyond me, but they seem to be.
>
> This brings up another interesting question. As I understand the
> copyright guide on the University of Texas Copyright site
> http://www.utsystem.edu/OGC/IntellectualProperty/l-108abc.htm
> libraries have a right to make a copy of a lost video under Section
> 108:
>
> "The right to archive under subsection (c) (for published works)
> applies only to replacement of a damaged, deteriorating, lost or
stolen
> copy, or when the format of the recording has become obsolete, and
then
> only when a reasonable effort to locate an unused replacement at a
fair
> price or a device that accommodates the format has proven
> unsuccessful."
>
> The key phrases here are of course "reasonable effort to locate" and
> "fair price."
>
> I'd be interested in hearing if any libraries have adopted policies
> regarding this issue.
>
> Pamela Thomas
> Media Librarian
> Syracuse University
> pthomas@syr.edu
>
>>>> MileFilms@aol.com 9/12/2006 11:43 AM >>>
>
> In a message dated 9/12/06 11:31:28 AM, notaro@stpt.usf.edu writes:
>
>
>> Why? If it is a legally acqiured copy I can't imagine why you
> shouldn't
>> circulate it. Many books go out of print while libraries still own
> and
>> circulate their copies. That's sort of the point.
>>
>
> I believe Jessica is just suggesting that out-of-print videos are
> highly
> desirable and susceptible to theft. Why they should be more so than
> books is
> beyond me, but they seem to be.
>
> Dennis Doros
> Milestone Film & Video / Milliarium Zero
> PO Box 128
> Harrington Park, NJ 07640
> Phone: (800) 603-1104 or (201) 767-3117
> Fax: (201) 767-3035
> milefilms@aol.com winterfilm@aol.com
> www.milestonefilms.com www.wintersoldierfilm.com
>
>
>
> 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.

Proud Resident of a BLUE STATE

Jessica Rosner
Kino International
333 W 39th St. 503
NY NY 10018
jrosner@kino.com
212-629-6880

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.