For some reason my "spinner" seems permantly stuck on "last 20 years" part. Let's just say the cynic/distrbutor in me finds that most academics and some librarians seem virtually never see, or at least pay attention to that part. Since as it relates to film, it is almost incomprehensible that one would "replace" media material in anything but digital format, it would be nice if this were somehow highlighted. I understand that the spinner is not just for media, but that is of course what we discuss here.
On Mon, Feb 8, 2010 at 5:59 PM, Brewer, Michael < brew...@u.library.arizona.edu> wrote: > It says it very plainly. Much more so that it does in the law itself > (which is pretty tough to decipher). > > > > Mb > > > > > > Michael Brewer > > Team Leader for Instructional Services > > University of Arizona Library > > brew...@u.library.arizona.edu > > > > *From:* videolib-boun...@lists.berkeley.edu [mailto: > videolib-boun...@lists.berkeley.edu] *On Behalf Of *Jessica Rosner > *Sent:* Monday, February 08, 2010 3:00 PM > > *To:* videolib@lists.berkeley.edu > *Subject:* Re: [Videolib] Here's a situation for you > > > > Michael, > > > > Personally, I don't think this section was ever intended for film at all. > It constantly refers to copies and phonorecords but never film. In short is > singled out audio but not visual medium. A friend of mine who is an expert > in this says it was meant for recordings, however as I said it is vague, > and it certainly does not exclude film. > > > > Honestly I don't see anywhere on your spinner the rather crucial fact that > if a copy is made of a film that is can NOT circulate, and must be kept on > the library premise.Not sure where "other criteria' is but this fact should > be much more prominently displayed. Yes this refers only to digital copies, > but as we are discussing film, the odds are about 99% that they are talking > about making a digital copy. I would note that is an extremely important > limitation on the use of "replacement" copies. > > > > The original question was rather breathtaking in how many elements of > copyright law it would violate ( and I am NOT blaming Sarah, as she was just > the messenger). It would be digitizing an illegal copy to be used outside > the library, of works which were available in spanking new condition. I am > going to assume not even you can find a grey area on that one. > > On Mon, Feb 8, 2010 at 4:43 PM, Brewer, Michael < > brew...@u.library.arizona.edu> wrote: > > Jessica, > > > > I don’t like the term preservation used for these copies. I think it > confuses things. There are preservation copies (of unpublished works) and > replacement copies (of published ones that meet the requirements). For > analog copies, they are full replacement copies that can be used just as any > other item can be. We tend to focus on film on this list, but 108 is > probably mostly used for replacing lost, damaged or stolen books that are no > longer available for purchase (photocopies that are bound) or for missing > journal issues, etc. For digital copies (whether of text or film), they are > not supposed to leave the library. The spinner provides this information > under “other criteria” when you click for more information. > > > > I believe that everything in the law is covered on the spinner. If not, > please let me know. > > > > mb > > > > Michael Brewer > > Team Leader for Instructional Services > > University of Arizona Library > > brew...@u.library.arizona.edu > > > > *From:* videolib-boun...@lists.berkeley.edu [mailto: > videolib-boun...@lists.berkeley.edu] *On Behalf Of *Jessica Rosner > *Sent:* Monday, February 08, 2010 2:27 PM > > > *To:* videolib@lists.berkeley.edu > *Subject:* Re: [Videolib] Here's a situation for you > > > > Just remember Michael, It becomes a preservation copy that can not leave > the library. It might be more useful if the spinner cited the > > ENTIRE section as I have linked it above. I know you, Gary and others find > it constraining but this part of the law is clear. > > On Mon, Feb 8, 2010 at 4:12 PM, Brewer, Michael < > brew...@u.library.arizona.edu> wrote: > > Of course (as long as it is not available for purchase in an unused > format). That is allowed under Section 108. See: > http://librarycopyright.net/108spinner > > > > mb > > > > Michael Brewer > > Team Leader for Instructional Services > > University of Arizona Library > > brew...@u.library.arizona.edu > > > > *From:* videolib-boun...@lists.berkeley.edu [mailto: > videolib-boun...@lists.berkeley.edu] *On Behalf Of *Chuck McCann > *Sent:* Monday, February 08, 2010 2:01 PM > > > *To:* videolib@lists.berkeley.edu > *Subject:* Re: [Videolib] Here's a situation for you > > > > So if I have a copy of Xica de Silva and it's out of print, and the VHS > tape that i have is going bad, the i can migrate it to DVD as long as it > stays in the library? > > On Mon, Feb 8, 2010 at 3:44 PM, Jessica Rosner <maddux2...@gmail.com> > wrote: > > Tons of problems on this. First, you can never do format transfer anyway ( > OK unless it is unique material which is in danger of dying and you keep it > in the library at all times). Second, you can't just tape anything off air > and use it forever. Lastly, and I think rather crucially, I would be nearly > certain both of these were LEGALLY released on DVD. I think both shows have > released boxed sets of all seasons so how bout the professor find a budget > to BUY THEM or they might even be available for rental on Netflx? > > > > I have to say I love the irony that he asking you do something illegal for > a class apparenlty covering ethics. > > On Mon, Feb 8, 2010 at 3:34 PM, Sarah E. McCleskey < > sarah.e.mccles...@hofstra.edu> wrote: > > Just received the email below from our faculty computing. My gut reaction > to this is no way, clearly outside the bounds of Kastenmeier guidelines, not > legally acquired, etc. Does anyone have an argument in favor of putting > these home-taped TV shows onto a DVD for in-class use? > > > > *FCS received a request from a professor to digitize video from 2 VHS > tapes. The video on the VHS are episodes from TV[personally recorded].* > > *1.* *Boston Legal [Conflicts- accepting a client who is suing > another lawyer of your firm]* > > *2.* *Law and Order [Ethics Episode]* > > * * > > *The video is used during his lecture. Are we able to digitize this video > for him?* > > > > > > Sarah E. McCleskey > > Head of Access Services > > Acting Director, Film and Media Library > > 112 Axinn Library, 123 Hofstra University > > Hempstead, NY 11549-1230 > > 516-463-5076 > > sarah.e.mccles...@hofstra.edu > > *Error! Filename not specified.* > > > > > 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. > > > > > -- > Chuck McCann > Strozier Library Scholars Common > 850-644-5924 > http://guides.lib.fsu.edu/multimedia > http://guides.lib.fsu.edu/profile.php?uid=12569 > http://www.youtube.com/user/fsulibraries > > > 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. > > > > 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. > >
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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.