RE: Opening Up This Can of Worms Again - Copyrigh

Kristine R. Brancolini (brancoli@indiana.edu)
Wed, 13 Mar 1996 22:52:40 -0500 (EST)

I agree with Gary. If you read the law, it says "a replacement copy." I
have duplicated numerous replacement tapes that were out-of-print over
the past ten years. If someone ever brings back all of those wonderful
Time-Life series that have long been out-of-print, I would be happy to
buy brand new copies of them. No one has been deprived of sales and the
law seems to be on our side. The big problem comes when you try to get a
decent replacement dub; VHS to VHS is pretty bad sometimes. Luckily,
there are still a few 3/4" copies floating around. I have rented them
and duped them. I admit it. However, like Gary I am more reticent when
it comes to home video, because titles *do* go in and out of print more
regularly. Once these educational titles go, they are usually gone for
good.

Regarding the original question about copyright: I don't trust AIME.
They are a trade organization. They always give the most conservative
interpretation to a copyright question. When I use their tape in class,
I always point out the shakier parts. For example, they make a big deal
about not being able to use a tape rented from a video store in class.
They claim that when you rent the tape, you *usually* sign an agreement
only to use it in your home. Wrong. I have looked at dozens of these
agreements; all you are agreeing to do is bring the thing back! The
AIME videotape never comes out and says teachers can't use rented tapes
in class, but the implication is there and I've seen librarians arguing
about it on this very listserv. I believe the AIME video contributed to
the confusion. So some of what they say is accurate, but get a second
opinion.

I have mentioned this book before and I recommend it: _The Copyright
Primer for Librarians and Educators_. Second edition. Janis H.
Bruwelheide. Chicago: American Library Association, 1995. I just
happen to have a flyer about it in front of me, so here's everything you
need to order it. ISBN 0-8389-0642-7. $22.00 paperback; $19.80 member
price. I reviewed this book for _RQ_ and she does a good job of
reviewing the sorts of things Gary was writing about earlier. She
updates the literature about using home video in library carrels, for
example. Even though there is no new case law regarding video, some
articles have been published arguing for reason in applying "fair use."
I'm all for it!

On Wed, 13 Mar 1996, Gary Handman wrote:

> OK, Steve... Here's the deal: you have a LEGALLY ACQUIRED copy of a film
> (Disney be damned) that has the oxide wearing off. You have made DOCUMENTED
> efforts to buy a replacement at a fair market price, but no dice. I'm gonna
> go out on a limb and say that the practice of making a copy would (might?)
> hold up...I do have to say that I'd feel more comfortable copying an OP copy
> of "Matralineal Descent Among the Gurrarumba" than "Bambi," but then again,
> I'm a conservative (and chicken) kind of guy...
>
> Gary Handman
> UC Berkeley
> ghandman@library.berkeley.edu
>