Re: Damaged Video & Copyright

mummj@vms.csd.mu.edu
Wed, 29 May 1996 10:13:17 -0500 (CDT)

It seems to me that the question is not so much copyright as it is
potentially destroying your chances of negotiating a replacement later
on. Like with any product, if you alter the physical appearance or any
part of the content, it seems to me that the original manufacturer can
come back and say that the damage is your fault and then be less willing
to replace. I would think this would be especially true if you remove
parts such as the FBI warning (if the tape has one), etc.

I would be inclined to talk to the distributor / producer, explain the
situation, and try to negotiate now before you do any other more serious
damage.

******************************************
******************************************
*** ***
*** Jim Mumm ***
*** Acquisitions / Serials Librarian ***
*** ***
*** Law Library ***
*** Marquette University ***
*** Sensenbrenner Hall ***
*** 1103 W. Wisconsin Avenue ***
*** P.O. Box 3137 ***
*** Milwaukee, WI 53201-3137 ***
*** ***
*** mummj@vms.csd.mu.edu ***
*** TEL : (414) 288-5351 ***
*** FAX : (414) 288-5914 ***
*** ***
******************************************
******************************************

On Tue, 28 May 1996, Steve Cassel -SLO wrote:

> My library has a video (priced over $700), that in the
> course of circulation, has become damaged. The damage is in
> the first two minutes of the video, the rest of the title is
> undamaged. I am uncertain, due to copyright laws, if I can
> perform a minor splicing repair. What about the legality
> questions, if a repair was made, with the spine label of the
> videocassette having been cut in two, and then requesting a
> trade-in of a damaged video? The distributor of this video
> places graphics on the beginning of the video, registering
> the copy to my library, and they seem to take a very narrow
> view to any variations in the copyright laws.
> So... can a repair be made and might there be a problem
> with a trade-in if, the videocassette had been repaired and
> additional damage occured at a later time?
>
> Thanks,
>
> Steven Cassel
>
>