Re: [Videolib] VHS to DVD transfer and copyright

From: <ghandman@library.berkeley.edu>
Date: Mon Sep 21 2009 - 08:10:53 PDT

hi all

I'll make this easy: legally acquired or not, making a copy of a title
under current copyright requires permission or license. You can't just do
it for convenience sake or because you're afraid you've purchase may bite
the dust. The only exception (as Jessica and others have pointed out) is
the provisions of Section 108 of the copyright law, which permit the
making of replacement/preservation copies for items at physical risk
(which aren't available for purchase at fair market prices).

gary handman

> Quoting Jessica Rosner <maddux2014@gmail.com>:
>
> Jessica:
> What if we just want to make a copy (no format change) of a title
> that we
> have legally purchased in the past. For example, we have a lot of our
> nursing
> students assigned to watch nursing videos in the library. In our fear of
> items
> becoming lost and damaged can we keep our bought copy as "archival" and
> make
> and place a duplicate copy or multiple copies available for "in library
> use" or
> "out of library use"? No format change. Most of these tapes are still out
> there
> for resale. Do we have to buy to obtain copy 2's--same format?
>
> Dave Ofiara
> Media Librarian
> Adirondack Community
> College
>> FYI here is link to ALA which says same thing in a more exact way.
>> http://wikis.ala.org/professionaltips/index.php/VHS_to_DVD%3F
>>
>> On Fri, Sep 18, 2009 at 1:30 PM, Jessica Rosner
>> <maddux2014@gmail.com>wrote:
>>
>> > Basically it is illegal to do so except under the following exemption,
>> you
>> > have copy that is damaged/ deterioratingand you can't replace it as
>> it is
>> > no longer in print, you can make one digital copy but THAT copy
>> becomes an
>> > "archival" copy only available for research in the library and can not
>> > circulate or leave the library premise. The exemption is intended for
>> > archival purposes and is not a free pass to make DVDs of things in
>> VHS.
>> >
>> > On Fri, Sep 18, 2009 at 12:49 PM, Seay, Jared Alexander
>> <SeayJ@cofc.edu>wrote:
>> >
>> >> Hey, I know has been gone over much before, but could someone point
>> me
>> >> to a good (clear?) site about the legality of libraries transferring
>> VHS
>> to
>> >> DVD and the circumstances in the US Copyright code that allow it? I
>> know
>> it
>> >> is in Section 108 of the code, but I need some non-legal English to
>> point
>> >> folks to. Thanks.
>> >>
>> >>
>> >>
>> >>
>> >>
>> >>
>> >>
>> >> Jared Alexander Seay
>> >>
>> >> Reference Librarian
>> >>
>> >> Director, Media Collections
>> >>
>> >> Addlestone Library
>> >>
>> >> College of Charleston
>> >>
>> >> Charleston SC 29424
>> >>
>> >>
>> >>
>> >> 843-953-1428
>> >>
>> >> 843-953-8040
>> >>
>> >>
>> >>
>> >> seayj@cofc.edu blogs.cofc.edu/seayj/
>> >>
>> >>
>> >>
>> >>
>> >>
>> >> 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.
>> >>
>> >>
>> >
>>
>
>
>
>
> ----------------------------------------------------------------
> This message was sent using IMP, the Internet Messaging Program.
>
> 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 Mon Sep 21 08:11:47 2009

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