Re: [Videolib] need back up on copyright question

Jessica Rosner (jrosner@kino.com)
Thu, 29 Nov 2007 13:08:49 -0500

Um this has nothing to do with the question asked and without going into
detail is very out of context. The library in question had a patron who
wanted them to transfer a VHS to a DVD. It had nothing to do with
digitizing for transmission which is another and very complicated issue we
can argue at another time in terns of what is allowed and how it may be
used.

Feel free to contact your legal advisor that NOTHING in the teach act
authorizes the duplicating of a VHS to a DVD.

On 11/29/07 12:34 PM, "Pat Cassella" <patc@vbrick.com> wrote:

> Relative to a portion of the VHS asset:
>
> Section 112(f) of the Teach Act:
>
> Eligible transmitting institutions may make copies of digital works and
> digitize portions of analog works in order to make the performances and
> displays authorized by Section 110(2) provided that:
> the copies are retained by the institution and used only for the
> authorized transmission; and
> the need to digitize a portion of the analog work exists because there
> is no digital version of the work or the existing digital version
> incorporates technological protection measures that prohibit its use as
> authorized by Section 110(2).
>
> I have the full Teach Act PPT in case others are interested (email me).
> The PPT is courtesy of one of our legal advisors - Kenneth Salomon of
> Dow, Lohnes & Albertson PLLC.
>
> Pat
>
> Pat Cassella
> Vice President, Educational Markets
> 203-303-0153 O
> 203-980-6928 C
> PatC@VBrick.com
> VBrick Systems, Inc.
> 12 Beaumont Road
> Wallingford, CT 06492
> www.VBrick.com/education
>
> -----Original Message-----
> From: owner-videolib@lists.berkeley.edu
> [mailto:owner-videolib@lists.berkeley.edu] On Behalf Of
> ghandman@library.berkeley.edu
> Sent: Thursday, November 29, 2007 11:45 AM
> To: videolib@lists.berkeley.edu
> Subject: Re: [Videolib] need back up on copyright question
>
> Well...that section has to do with phonorecording preservation copies,
> not
> format transfer... Format transfer is only allowed under the
> ridiculously
> narrow preservation provisions of Section 108; otherwise, we're out of
> luck...
>
> Gary
>
>
>> http://www.law.cornell.edu/uscode/17/usc_sec_17_00000108----000-.html
>>
>> see section C
>>
>> ----- Original Message -----
>> From: Andrea Slonosky <Andrea.Slonosky@liu.edu>
>> Date: Thursday, November 29, 2007 11:01 am
>> Subject: [Videolib] need back up on copyright question
>> To: videolib@lists.berkeley.edu
>>
>>>
>>>
>>> Dear colleagues,
>>>
>>>
>>>
>>> I am trying to explain to a patron why we cannot, legally, buy a VHS
>>> title and transfer it to DVD ourselves. I know it's somewhere in the
>>> Copyright Law, I think it is in section 106 or 108 but I would
>>> appreciate a firm citation or link, which will end the discussion. I
>>> have searched the archives, but, wow, there's just so many hit on
>>> copyright, format etc that I don't quite have time to wade through
> all
>>> our stimulating discussions!
>>>
>>>
>>>
>>> Thanks for your help,
>>>
>>>
>>>
>>> Andrea
>>>
>>>
>>>
>>>
>>>
>>> Andrea Slonosky
>>>
>>> Chair, Library Department
>>>
>>> Media Librarian/Assistant Professor
>>>
>>> Brooklyn Campus Library
>>>
>>> Long Island University
>>>
>>>
>>>
>>> Andrea.Slonosky@liu.edu
>>>
>>> (718) 488-1311
>>>
>>>
>>>
>>>
>> 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
>
> 510-643-8566
> 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.

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.