Re: [Videolib] FW: digital A/V archive? a copyright matter

From: <ghandman@library.berkeley.edu>
Date: Fri Jul 10 2009 - 10:53:38 PDT

Not fair use...no way

gary

> Copyright question:
>
> A staff member here (see below) is proposing that we deal with our DVD
> theft problem by creating and storing digital copies of DVDs and using
> those to make replacements. According to him fair use fair use covers
> such reproduction. I say no, this violates the copyright holder's
> fundamental rights to reproduce and distribute and that fair use doesn't
> apply. (If it did, we would have all been doing this for years.)
>
> I think this one's pretty clear cut. Anyone disagree?
>
>
> Peter Cartford
> AV Librarian
> Johnson County Library
> 9875 W. 87th St.
> Overland Park, KS 66212
> 913-495-2496
> cartfordp@jocolibrary.org
> From: Fenton, Kim, JCL
> Sent: Friday, July 10, 2009 9:41 AM
> To: Shrock, Matt, JCL; Sendze, Monique, JCL; Barnes, Jason, JCL; Cartford,
> Peter, JCL; Hile, Mary Anne, JCL; Crane, Rose, JCL; Weeks, Carolyn, JCL
> Cc: King, Linda, JCL
> Subject: RE: digital A/V archive?
>
> Good Morning All,
>
> Matt Shrock, a page here at Central, has a proposal for us which may
> indeed save a significant portion of our A/V collections budget. I'm
> forwarding it to each of you in the hopes that you'll consider his
> concept-let the debate begin :)
>
> Matt, wonderful job. Beautifully written and well thought through.
>
> I'm anxious to hear everyone's opinions. I feel like it's definitely
> worth investigating (assuming we haven't done it already and I don't know
> about it.)
>
> Kim Fenton
> Circulation Manager
> Johnson County Library
> 9875 W. 87th Street
> Overland Park, KS 66212
> Phone (913) 495-2413
> Fax (913) 495-2485
> www.jocolibrary.org<http://www.jocolibrary.org>
> From: Shrock, Matt, JCL
> Sent: Thursday, July 09, 2009 3:33 PM
> To: Fenton, Kim, JCL
> Subject: digital A/V archive?
>
> Kim,
>
>
>
> It is my understanding that theft of DVDs has been an ever-increasing
> problem, despite the recent addition of signage indicating the
> presence of security cameras. In a single day alone, 25 DVDs were
> found stolen. With the high costs of replacing these materials in
> mind, I urge you to consider the following proposal:
>
>
>
> A digital archive could be established within Tech Services and
> easily integrated within the processing of new materials. Using a
> single PC workstation and an array of network storage devices,
> digital copies of DVDs, CDs, and necessary cover art(s) can be stored
> for backup. To prevent bandwidth and potential security issues, the
> workstation and network storage can exist on an isolated LAN using
> high-speed Ethernet. In the event of theft or damage to original
> materials, archived copies can be reproduced. This solution provides
> a potential for great long-term cost savings, given the current
> affordability of storage. Additionally, the use of network storage
> devices allows the system to be effectively expanded as the
> collection grows with time.
>
>
>
> U.S. Copyright law permits copying of copyrighted materials under the
> fair use (section 107) clause. Furthermore, libraries traditionally
> receive additional leeway in realm of fair use. Fair use is
> determined on a case-by-case basis, using the following four
> guidelines to make a determination:
>
> 1. The purpose and character of the use, including whether such use is
> of commercial nature or is for nonprofit educational purposes
> 2. The nature of the copyrighted work
> 3. The amount and substantiality of the portion used in relation to the
> copyrighted work as a whole
> 4. The effect of the use upon the potential market for, or value of, the
> copyrighted work
>
> (full disclosure: this is basically a copy/paste from section 107, no
> infringement on my part please~)
>
>
>
> This four factor test is used to balance to interests of both
> consumers and copyright holders; failing one of these tests does not
> necessarily imply that fair use is not applicable. Within the
> context of this issue, there are two primary two factors which may
> impact the fair use determination.
>
>
>
> 1. Use is non-profit, but cases exist in which patrons are charged
> for damages or loss of materials. If this violates fair use, charges
> could be waived or adjusted to reflect lower replacement costs.
>
> 2. I argue that copyright holders will not be impacted, simply due
> to the fact that we would still have other copies of these materials
> in circulation, none of which the copyright holder receives royalties
> for based upon our circulation of the materials. Furthermore,
> failure to replace these damaged or lost materials negatively impacts
> our patrons and our budget, creating an imbalance which can only be
> resolved by fair use!
>
>
>
> In order to fully comply with fair use, it may be necessary to add an
> indication that the materials have been reproduced under the fair use
> clause. This can be achieved either via a physical sticker on the
> case, or a digital watermark displayed before video playback.
> Furthermore, it would be wise to archive purchase orders for any
> materials that are archived using this process.
>
>
>
> I am clearly not a copyright lawyer, but I do have experience with
> post-DMCA copyright law. In-house legal council should certainly
> weigh in on the matter, but certainly feel that fair use will apply
> in this matter.
>
>
>
> If anything is unclear or you have any follow up questions, feel free
> to fire away.
>
>
>
> -Matt
> 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.
Received on Fri Jul 10 10:54:48 2009

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