We needed to replace a single volume in our copy of Dancing as well.

When I could not find it available for purchase, I contacted Grauer directly.  
She expressed disappointment that the series was out of distribution, and 
offered to duplicate the episode, on DVD, for us.

Unfortunately, we never received the duplicate.  I did not pursue, however, as 
the entire "Dancing" series is included in Alexander Street Press' Critical 
Video Edition:  Dance in Video.  
http://www.alexanderstreet.com/products/daiv.htm

To answer your other questions...

The set you found on Amazon is a used set.  So it does not meet the conditions 
set forth in US Copyright law for making a copy:
(legally) owned copy, Lost/damaged/stolen/obsolete format, unused copy, at a 
fair price, after a reasonable search.
See:  http://www.copyright.gov/title17/92chap1.html#108

Under US Copyright Law, you can replace your missing copy with a copy (which of 
course means you have to borrow a copy from someone else to get a good master 
to copy)

If a VHS copy there are no restrictions on it's use.  If you copy in DVD, which 
is a digital format, you may make up to 3 copies.  But under the terms of the 
law you cannot distribute those copies outside of the Library.  (I know some 
readers of this list disagree with that portion of the law)

(2) any such copy or phonorecord that is reproduced in  digital format is not 
otherwise distributed in that format and is not made  available to the public 
in that format outside the premises of the library  or archives.

While your one tape is damaged, in my interpretation duplicating the rest of 
the series is questionable as VHS is not yet obsolete (Close, and on it's last 
legs, but not dead yet!  - Cue the chorus from Spamalot!)

Hope this information helps.  Let the flames begin!

--
deg farrelly, Full Librarian
Arizona State University
PO Box 37100
Phoenix, Arizona  85069-7100
Phone:  602.543.8522
Email:  deg.farre...@asu.edu

**********

Date: Wed, 26 May 2010 08:45:25 -0500
From: "Grant, Tyra" <tgr...@ku.edu>
Subject: [Videolib] "Dancing" created by Rhonda Grauer

I'm posting for our Music and Dance Library:  they are seeking a DVD
version of "Dancing", created by Rhonda Grauer, a 7 tape set, issued by
RM Arts.  They can replace the 7-vol series via Amazon for $160 although
only volume 7, an annual favorite of one faculty member, needs
replacing.



1)  Is there a DVD version of this set?

2)  If not, and we consider replacing the whole set excessive because we
do not need the whole set, can we create an access copy from our vol. 7
for KU use only or are we legally obliged to purchase the whole set?

3)  If we have to purchase the whole set, can we then, knowing volume 7
will likely wear out again, create an access copy in order to preserve
the original?

VIDEOLIB is intended to encourage the broad and lively discussion of issues 
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