RE: [Videolib] Comment on Section 108 Notice by 3/9

Brewer, Michael (brewerm@u.library.arizona.edu)
Wed, 21 Feb 2007 11:52:35 -0700

Those subsections were discussed last year. The transcripts are
available here: http://www.loc.gov/section108/roundtables.html

mb

Michael Brewer

Slavic Studies, German Studies & Media Arts Librarian

University of Arizona Library

brewerm@u.library.arizona.edu

-----Original Message-----
From: owner-videolib@lists.berkeley.edu
[mailto:owner-videolib@lists.berkeley.edu] On Behalf Of Hornbeck, Patty
Sent: Wednesday, February 21, 2007 11:02 AM
To: videolib@lists.berkeley.edu
Subject: RE: [Videolib] Comment on Section 108 Notice by 3/9

Section 108, subsection b2 has been the most problematic for our
library, and I'm sure for other academic libraries as well, because not
being permitted to even briefly remove a preservation copy from the
Library precludes ever using it in a classroom (unless the classroom is
in the library). I don't see that particular section in the items
inviting comment below, however.
________________________________
Patty Hornbeck
Media Resources Development Coordinator
Middlebury College Library
110 Storrs Ave. / M212
Middlebury, VT 05753
(802)443-2268 ph.
(802)443-5698 fax
hornbeck@middlebury.edu <mailto:hornbeck@middlebury.edu>

-----Original Message-----
From: owner-videolib@lists.berkeley.edu
[mailto:owner-videolib@lists.berkeley.edu]On Behalf Of John Vallier
Sent: Wed, February 21, 2007 12:21 PM
To: videolib@lists.berkeley.edu
Subject: [Videolib] Comment on Section 108 Notice by 3/9

Whether you think libraries/archives have too many or too few
exceptions under current Copyright Law, I want to encourage all
Videolibers to read and comment on the Section 108 Study Group,
Copyright Exceptions for Libraries and Archives notice: http://
www.copyright.gov/fedreg/2006/71fr70434.html This is our chance to
make our voices heard.

Written comments on any of the topics discussed in this notice are
due by 5 p.m. E.S.T., March 9, 2007. Send comments to section108@loc.gov

Here is brief overview of the topics in the notice:

TOPIC A: AMENDMENTS TO CURRENT SUBSECTIONS 108(d), (e), AND (g)(2)
REGARDING COPIES FOR USERS, INCLUDING INTERLIBRARY LOAN: Should the
provisions relating to libraries and archives making and distributing
copies for users, including via interlibrary loan (which include the
current subsections 108(d), (e), and (g), as well as the CONTU
guidelines, to be explained below) be amended to reflect reasonable
changes in the way copies are made and used by libraries and
archives, taking into account the effect of these changes on rights-
holders

TOPIC B: TOPIC B: AMENDMENTS TO SUBSECTION 108(i): Should subsection
108(i) be amended to expand the application of subsections (d) and
(e) to any non-text-based works, or to any text-based works that
incorporate musical or audiovisual works?

TOPIC C: LIMITATIONS ON ACCESS TO ELECTRONIC COPIES, INCLUDING VIA
PERFORMANCE OR DISPLAY: Should section 108 be amended to permit
libraries and archives to make temporary and incidental copies of
unlicensed digital works in order to provide user access to these
works? Should any exceptions be added to the copyright law to permit
limited public performance and display in certain circumstances in
order to allow for user access to unlicensed digital works?

_________
John Vallier
Head, Multimedia Services
University of Washington Libraries | Media Center
Box 353080, Seattle, WA 98195-3080
(206) 616-1210 Fax: (206) 685-8485
http://www.lib.washington.edu/media/

On Feb 16, 2007, at 1:26 PM, Brewer, Michael wrote:

> Right. That is what I alluded to in my first message (the
> limitations on what can be done with a digital copy). If your copy
> is a digital copy, it is supposed to remain in the library (or,
> rather, it should not be available to the public outside the
> library). One could understand that to mean it could not leave the
> library to be used in a course (unless the course were in the
> library). However, one could also understand "available to the
> public" in a number of ways. If the copy remained in the
> possession of a librarian, or of some other member of the
> institution that owned it, one could assert that this would not
> violate the law. Performing the contents of the copy also would
> not seem to be a violation (at least not of 108, as it does not
> make mention of performances as far as I remember).
>
> mb
>
> ________________________________
>
> From: owner-videolib@lists.berkeley.edu on behalf of Badilla-
> Melendez, Cindy
> Sent: Fri 2/16/2007 1:20 PM
> To: 'videolib@lists.berkeley.edu'
> Subject: RE: [Videolib] Copyright holders
>
>
>
> What about this from section 108:
>
>
>
> (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.
>
>
>
>
>
> __________________________________________________
> Cindy Badilla-Melendez
> Media Resources Librarian
> O'Shaughnessy-Frey Library,
> University of St. Thomas
> 2115 Summit Ave,
> St Paul, MN 55105
> phone (651) 962-5464
> fax (651) 962-5406
>
> ________________________________
>
> From: Brewer, Michael [mailto:brewerm@u.library.arizona.edu]
> Sent: Friday, February 16, 2007 1:28 PM
> To: videolib@lists.berkeley.edu
> Subject: RE: [Videolib] Copyright holders
>
>
>
> Cindy,
>
>
>
> It can be used in a class, not just in the library. However, there
> are limitations on what can be done with a digital copy. Those
> copies are supposed to remain in the library. Hopefully the group
> currently working on section 108 will recommend that that
> limitation be stricken from the law.
>
>
>
> mb
>
>
>
> ________________________________
>
> From: owner-videolib@lists.berkeley.edu on behalf of Badilla-
> Melendez, Cindy
> Sent: Fri 2/16/2007 11:01 AM
> To: 'videolib@lists.berkeley.edu'
> Subject: RE: [Videolib] Copyright holders
>
> Question,
>
> You can make a copy of an obsolete format but can be used on in the
> Library
> right??? not take for class right?? or I missed something in between??
>
> __________________________________________________
> Cindy Badilla-Melendez
> Media Resources Librarian
> O'Shaughnessy-Frey Library,
> University of St. Thomas
> 2115 Summit Ave,
> St Paul, MN 55105
> phone (651) 962-5464
> fax (651) 962-5406
>
> -----Original Message-----
> From: Brigid Duffy [mailto:bduffy@sfsu.edu]
> Sent: Friday, February 16, 2007 11:04 AM
> To: videolib@lists.berkeley.edu
> Subject: Re: [Videolib] Copyright holders
>
> We have done this a few times. We assure the copyright holder that we
> will make a copy for them (if they want it), for our media
> collection, and that is all. For an individual who made a 16mm film
> 40 years ago, getting a free DVD (or vhs) copy might be an incentive.
>
> In any case, compose your letter, putting a line they can sign at the
> bottom saying they agree that you can make the transfer. Send it by
> mail or e-mail, include your fax number or an envelope with return
> postage on it. That way if it ever becomes a question you have their
> approval in writing.
>
> Brigid Duffy
> Media Acquisitions
> Academic Technology
> San Francisco State University
> San Francisco, CA 94132-4200
> E-mail: bduffy@sfsu.edu
>
>
>
> On Feb 16, 2007, at 8:11 AM, Jessica Rosner wrote:
>
>> Well you can always ask. If you are asking about a feature film I
>> think you
>> can guarantee the answer will be no, with an educational film I
>> suppose
>> someone might consider it.
>> I think the main thing would be to find the contact info, explain
>> how you
>> acquired the title in the format you have and what format you want to
>> transfer it to.
>>
>>
>> On 2/16/07 10:26 AM, "Chris Vance" <christine.vance@umontana.edu>
>> wrote:
>>
>>> Hi,
>>> I've never tried to contact copyright holders in order to ask
>>> permission
>>> to copy film to other formats. I've already explored the
>>> possibility of
>>> purchasing in any format and found that to be impossible. Could
>>> someone
>>> please give me a short course or direct me to information that
>>> will help
>>> me.
>>> Thank you very much.
>>> Chris
>>
>>
>>
>> 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.
> 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.
>
> <winmail.dat>

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.