Duplication of Out of Print Video

deg farrelly (ICDEG@ASUVM.INRE.ASU.EDU)
Sat, 07 Sep 1996 14:27:25 -0700 (MST)

Judy Jones writes:

>What can one legally do when a video or film, legally purchased at the time,
>wears out and no new distributor can be found? Do any of you make a copy
>one last time before you throw out the worn out copy?

Despite opinions others may have expressed on this question, the copyright
law *specifically* permits libraries to duplicate a single copy of a
copyrighted item in its *entirety*.

Certain provisions apply, of course. These include:

* duplication is of an item the library already owns
* duplication is for purpose of preservation
* duplication is to replace a copy that is damaged, deteriorating,
lost, or stolen
* duplication is made from a copy secured from a library or archive
* the library has, after a reasonable effort, determined that an
unused replacement cannot be obtained at a fair price.
(Editorial note: Operant words: *reasonable* effort, *unused*
replacement, *fair* price)

These provisions are detailed in Section 108 of the Copyright Act of 1976,
as amended.

Full text of the Copyright Act is available at this URL on the World Wide Web:

http://www.law.cornell.edu/usc/17/overview.html

My thanx to Martha Day for clarifying these points to me earlier.

Hope this information helps.

|:^}>

deg farrelly, Media Librarian
Arizona State University West E-Mail: deg@asu.edu
4701 West Thunderbird Road Phone: 602.543.8522
Phoenix, Arizona 85069-7100 Fax: 602.543.8521