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

From: Troy Davis <mtdavi@wm.edu>
Date: Tue Jul 14 2009 - 15:34:39 PDT

ditto what gary says. after all, u never know when you will get sued.
what the court looks at are "facts." (and, if i read decisions right,
"good faith" too)

we all know we need a way to serve video online. not because people
steal a DVD but because that's where we are. when i watched a netflix
video last night on my xbox 360 (over wireless), on a 60" TV (and it
looked awesome), i realized...we have arrived.

troy

On Tue, Jul 14, 2009 at 2:18 PM, <ghandman@library.berkeley.edu> wrote:
> If I were involved in this affair, I'd carefully document any and all
> conversations with your wild-eyed fair use colleague, including a note
> regarding your correspondence on this list.
>
> Gary Handman
>
>
>> 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.
>>
>
>
> 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.
>

-- 
M. Troy Davis
Director, Swem Media Center, Earl Gregg Swem Library
Liaison to Film Studies
The College of William & Mary
mtdavi@wm.edu | cell: 757.206.6059 (text ok, and the best way to reach me)
chat: mtdavi05
skype: m.troy.davis
http://swem.wm.edu/go/media
http://www.flickr.com/photos/swemmedia/
http://breakoutbox.wmblogs.net
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 15:35:44 2009

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