RE: [Videolib] need back up on copyright question

ghandman@library.berkeley.edu
Thu, 29 Nov 2007 10:17:46 -0800 (PST)

Don't think we're talking about conditions that meet the requirement of
the TEACH Act here...

Gary

> 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.
>

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.