Re: [Videolib] Copies of Videos for reserve

Jessica Rosner (jrosner@kino.com)
Fri, 30 Nov 2007 17:36:05 -0500

Copyright law repeatedly refers to "legal" copies for use in classes.
Libraries etc. How exactly is what certainly appears to be a dub or some
other pirate copy legal. Keep in mind that the Off air rule is not only
limited in time frame ) 45 days) but limited to material that originates on
broadcast TV i.e NOT cable. When is the last time a feature film ran sans
commercials on a broadcast station. What are the odds that either copy came
from a broadcast in the last 45 days?

On 11/30/07 4:53 PM, "ghandman@library.berkeley.edu"
<ghandman@library.berkeley.edu> wrote:

> ooops
>
> that should be "technically NOT binding" in the paragraph below.
>
> Gary
>
>
>> They really can't legally be placed on reserve. There is no specific
>> stricture or section in the copyright law governing the taping and use of
>> materials off the air (i.e. from TV). There are only informal guidelines:
>> The Kastenmeier guidelines
>> (http://www.lib.berkeley.edu/MRC/Kastenmeier.html)which provide a kind of
>> safe harbor set of practices, but are technically binding under the law.
>> That said, what you're proposing does not fit these guidelines.
>>
>> You should note that many institutions have chosen to either liberalize or
>> disregard the guidelines. I'd say that even under the most liberal of
>> stances, however, what you propose to do is questionable. I'd avoid doing
>> it.
>>
>> Gary
>>
>>> Greetings Everyone,
>>>
>>> This is my first post to the list, so I apologize if I am asking a very
>>> basic question.
>>>
>>> We recently had an instructor bring us a couple videos in VHS format.
>>> One
>>> is a copy of a hallmark channel movie from the 80s and the other is a
>>> copy
>>> of a feature film from the 80s. She would like these placed on
>>> traditional
>>> in-house reserve that would be available to students for in room use
>>> during the spring semester. Our preliminary research shows that these
>>> are
>>> not available for purchase.
>>>
>>> What do I need to consider when determining if these can be placed on
>>> reserve? Is it the four factors that I consider for our traditional
>>> paper-based reserve items and/or something else?
>>>
>>> Thanks for any assistance you can provide.
>>>
>>> Pauline
>>> *******************
>>> Pauline Lynch Shostack
>>> Electronic Resources Librarian
>>> Onondaga Community College
>>> Syracuse, NY 13215
>>> Phone: 315-498-2708
>>> ********************
>>>
>>
>>
>> Gary Handman
>> Director
>> Media Resources Center
>> Moffitt Library
>> UC Berkeley
>>
>> 510-643-8566
>> ghandman@library.berkeley.edu
>> http://www.lib.berkeley.edu/MRC
>>
>> "I have always preferred the reflection of life to life itself."
>> --Francois Truffaut
>>
>> 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
>
> "I have always preferred the reflection of life to life itself."
> --Francois Truffaut
>
> 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.