[Videolib] Looking for Case Example
Anyone out there on Collib-l? If so, you might want to tune into a conversation going on over there re: converting VHS to DVD without adherence to copyright. Here's the last bit I received from someone who appears to be advocating flouting copyright law just because it is inconvenient / expensive -- just curious if anyone has any case law examples I could toss back off the top of their heads: "Many educational tapes cost $100 -$300 - some sets are in the thousands - and buying a reformatted copy of the same title is wasteful and absurd. I don't know if any library has actually done such transfers, or would admit it if they did, but I wonder: has anyone has ever heard of a legal challenge to a library by a copyright holder for its changing a VHS to a DVD for use in classroom instruction? (Actually,this is done occasionally by instructors themselves, who are much more cavalier about Big Brother copyright.) I'd be satisfied to hear of a single case. The real problem in making transfer copies is getting good quality, same as with any other digitized media." Um... wow. TIA, * Meghann Matwichuk, M.S. Associate Librarian Instructional Media Collection Department Morris Library, University of Delaware 181 S. College Ave. Newark, DE 19717 (302) 831-1475 http://www.lib.udel.edu/ud/instructionalmedia/ 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.
Re: [Videolib] Looking for Case Example
Wow... I wonder if this is the same discussion that stared today on the Digital Copyright discussion list: > We have had several professors request our media services to make DVD > copie= s of VHS tapes that either belong to the university library or to > their own private collection. Our librarians are searching for DVD > copies of the VHS tapes that are in the library=B9s collection and they > even research for video= s from faculty private collection. When the DVD > version cannot be found, the faculty come to us. > > What would your recommendations be =AD could we claim Fair Use and make > one DVD copy for classroom use? What about the professor who gets a VHS > from Interlibrary Loan? I know we won=B9t do videos from Blockbuster, > etc. I've removed the name and institution to protect the clueless I replied, citing 108, saying that VHS is not obsolete (on it's last legs, but not obsolete) and referencing the limitation on use outside the Library. -- deg farrelly, Associate Librarian Arizona State University at the West campus PO Box 37100 Phoenix, Arizona 85069-7100 Phone: 602.543.8522 Email: deg.farre...@asu.edu From: "videolib-requ...@lists.berkeley.edu" Reply-To: Date: Thu, 18 Feb 2010 11:53:46 -0700 To: Subject: videolib Digest, Vol 27, Issue 68 Anyone out there on Collib-l? If so, you might want to tune into a conversation going on over there re: converting VHS to DVD without adherence to copyright. Here's the last bit I received from someone who appears to be advocating flouting copyright law just because it is inconvenient / expensive -- just curious if anyone has any case law examples I could toss back off the top of their heads: 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.
Re: [Videolib] Looking for Case Example
Here was my original response to the individual quoted below regarding the scenario, which stemmed out of a broader discussion on ILL practices: "There are major copyright concerns with this scenario -- although I agree there is value in pushing the envelope in certain areas (fair use pertaining to media, for example), there are others where the law is quite clear and I'm not quite sure how one could justify that "copyright issues were not involved" in duplicating copyrighted, non-public domain materials. Even if a VHS was out of print, the DVD copy could only be used on-site, as a 'preservation copy'. This may be a helpful tool to consider: http://www.librarycopyright.net/108spinner/ ... As well as some brush-up on the Digital Millenium Copyright Act (which states that copy protection cannot be broken for any copying)." So we're definitely thinking along the same lines and I don't plan on spending too much more energy trying to education the obstinate. However, I would love to throw back a reference to case law, if available, although case law is far and away NOT my strong suit! Cheers, Meghann Deg Farrelly wrote: Wow... I wonder if this is the same discussion that stared today on the Digital Copyright discussion list: We have had several professors request our media services to make DVD copie= s of VHS tapes that either belong to the university library or to their own private collection. Our librarians are searching for DVD copies of the VHS tapes that are in the library=B9s collection and they even research for video= s from faculty private collection. When the DVD version cannot be found, the faculty come to us. What would your recommendations be =AD could we claim Fair Use and make one DVD copy for classroom use? What about the professor who gets a VHS from Interlibrary Loan? I know we won=B9t do videos from Blockbuster, etc. I've removed the name and institution to protect the clueless I replied, citing 108, saying that VHS is not obsolete (on it's last legs, but not obsolete) and referencing the limitation on use outside the Library. -- deg farrelly, Associate Librarian Arizona State University at the West campus PO Box 37100 Phoenix, Arizona 85069-7100 Phone: 602.543.8522 Email: deg.farre...@asu.edu From: "videolib-requ...@lists.berkeley.edu" Reply-To: Date: Thu, 18 Feb 2010 11:53:46 -0700 To: Subject: videolib Digest, Vol 27, Issue 68 Anyone out there on Collib-l? If so, you might want to tune into a conversation going on over there re: converting VHS to DVD without adherence to copyright. Here's the last bit I received from someone who appears to be advocating flouting copyright law just because it is inconvenient / expensive -- just curious if anyone has any case law examples I could toss back off the top of their heads: 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.