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

From: Carolyn Jardine (Cary) <cjardine@antioch.edu>
Date: Tue Jul 14 2009 - 10:21:20 PDT

This may be too little, too late but I've just been reading this
discussion. There is information here
http://www.librarycopyright.net/108spinner/ about under what circumstances
libraries can make 'preservation' copies of material. I think this is
more relevant than trying to apply Fair Use to this kind of copying.
Basically, Section 108 of the copyright law allows "libraries or archives"
to make copies of "damaged, deteriorating, lost, or stolen works" IF "an
unused replacement copy cannot be obtained at a fair price." I can't find
anything in copyright law, regulations, or guidelines which allows
libraries to make copies, especially copies which change original formats,
as protection against theft. I know it's hard to make a copy AFTER your
possibly only copy has been stolen, but still... It seems clear that as
long as replacement copies are available for purchase, this is the only
allowable replacement option.

Just my two cents' worth of contribution after the fact!

Cary Jardine, Librarian
Reference Services [and AV cataloger by default]
Antioch University New England
Keene, NH 03431
603-283-2405
cjardine@antiochne.edu

videolib@lists.berkeley.edu writes:
>Thanks to Sarah and others who have responded. I never thought this
>would fly--just needed the verification to send back up the chain of
>command. It is indeed an matter of securing the collection--what we're
>doing is, shall we say, less than adequate.

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 Tue Jul 14 10:21:52 2009

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