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

From: Brewer, Michael <brewerm@u.library.arizona.edu>
Date: Tue Jul 14 2009 - 11:20:23 PDT

All,

There are now a few other tools available for your use, one of which were developed specifically with this list in mind. These are slightly different from the previous tools (the Public Domain tool and the 108 tool) in that they are focused on helping the user not only to better understand the law, but also to help them (if they wish) to collect information about their intended use and save it for them in PDF format (so that they can share it with a specialist or colleagues for their comment, keep for their records, etc.)

The two tools are:

The Fair Use Evaluator http://librarycopyright.net/fairuse/ - I should stress that this tool does not do any evaluation for you. It simply collects the information you give it and provides you with educational information on the law, guidelines and how others have approached making fair use evaluations. The fact that it does help you to make an informed evaluation and collect all your supporting data for that evaluation, however, is critical because of protections afforded us (librarians and educators) and others in section 504 of the copyright law. This section allows for the reduction or elimination of statutory damages for certain categories of users and under certain conditions (one of which is showing that you made an informed, reasonable fair use evaluation).

Exceptions for Instructors eTool http://librarycopyright.net/etool/ - This tool is intended to help instructors and librarians better understand section 110 (face to face teaching exception) and 110(2) (the TEACH Act) and know when they apply. It is only for display and performance (not for other educational uses, like reserves). One of the nice things about this tool is that, if you like, you can have the PDF pull and include all the questions you answered along with any of the popup notes from those pages.
I should note that there is an error on the page about institutional requirements (that should be changed in the next couple hours). The last requirement is currently phrased the opposite of how it should be.

These tools are licensed under a creative commons license and are available for institutions to modify (add their own copyright contacts or suggested next steps, modify the list of examples of what might be considered weighing in favor or against any of the 4 factors, etc.) and host on their own servers.

Please use them! If you have comments or suggestions, please share them with me, or with Carrie Russell.

mb

Michael Brewer
Team Leader for Undergraduate Services
University of Arizona Library
brewerm@u.library.arizona.edu

-----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 10:32 AM
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 11:20:37 2009

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