RE: [Videolib] need back up on copyright question

Andrea Slonosky (Andrea.Slonosky@liu.edu)
Thu, 29 Nov 2007 16:33:06 -0500

Thank you all for your prompt and helpful responses to my question. You gave me exactly the language and information I needed to end this discussion & move on to a more productive one with our 'patron'.

Andrea

Andrea Slonosky
Chair, Library Department
Media Librarian/Assistant Professor
Brooklyn Campus Library
Long Island University

Andrea.Slonosky@liu.edu
(718) 488-1311

-----Original Message-----
From: owner-videolib@lists.berkeley.edu [mailto:owner-videolib@lists.berkeley.edu] On Behalf Of Jessica Rosner
Sent: Thursday, November 29, 2007 2:50 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] need back up on copyright question

Teach Act refers to material being used in distance education courses not
physical copies for people to use. It also refers to PORTIONS of films aka
Dramatic works ( as you have stated I am just emphasizing it)

Sorry just testy today

I just ran into the illegal film series from hell
A major dept of a major university sponsored a public open film FESTIVAL
In this Festival they ran 7 films NONE OF WHICH is legally available in the
US on DVD and one of which my company just spend A LOT OF MONEY on and it
will be released IN THEATERS early next year ( another is currently playing
in theaters) When contacted the Dept in question said they had no idea they
could not show films in public fest let alone copies purchased overseas and
transferred from PAL

Off topic I know but it is just a slippery slope in my mind when professors
in particular are clueless and or willfully ignorant of copyright law

On 11/29/07 2:12 PM, "Pat Cassella" <patc@vbrick.com> wrote:

> Sorry - was just trying to pass along information. I was not sure of what was
> meant by "Patron".
>
> Now I didn't write the Teach Act, I'm just reading it:
>
> http://www.unc.edu/~unclng/TEACH.htm
>
> New section 110(2):
>
> Okay to digitize portion of analog work in amount authorized under 110(2)
> if:
> (1) No digital version is available or
> (2) Digital version available subject to technological measures that prevent
> its DE use
>
> For example with Item 2 - a VCR is no longer available - which is happening
> rather quickly.
>
> 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 Jessica Rosner
> Sent: Thursday, November 29, 2007 1:09 PM
> To: videolib@lists.berkeley.edu
> Subject: Re: [Videolib] need back up on copyright question
>
> 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.
>
> 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.