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

From: Cartford, Peter, JCL <CartfordP@jocolibrary.org>
Date: Tue Jul 14 2009 - 11:14:51 PDT

Wish this was going to make a difference, but the likes of you and me are not to be believed. A straightforward presentation of copyright reality made no impression on the staff member here whose copying proposal that got this thread going. He's insisting that fair use gives us all kinds of leeway to make copies and why do we bother buying replacements etc. etc. And he has the ear of his supervisor. It's most likely on the way to our legal counsel.

Peter Cartford

AV Librarian

Johnson County Library

9875 W. 87th St.

Overland Park, KS 66212

913-495-2496

cartfordp@jocolibrary.org

-----Original Message-----
From: videolib-bounces@lists.berkeley.edu [mailto:videolib-bounces@lists.berkeley.edu] On Behalf Of ghandman@library.berkeley.edu
Sent: Tuesday, July 14, 2009 12:32 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] FW: digital A/V archive? a copyright matter

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.

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 11:15:40 2009

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