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

From: <ghandman@library.berkeley.edu>
Date: Tue Jul 14 2009 - 10:31:36 PDT

That's the work of the redoutable Mitch Brewer, a member of this list...

It's important to stress the current strictures of 108, which require that
the replacement copy be used within the library. In other words, if you
make a DVD replacement copy of a battered and unreplaceable umatic or vhs
tape, 108 sez you can't circulate it outside of the building. This is, of
course, patently sucky...

gary handman

> 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.
>

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 Tue Jul 14 10:31:50 2009

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