It is not a preservation copy. It is a replacement copy. Preservation copies are only copies of unpublished (generally unique) materials. The law is very clear about this and there are different criteria for replacement versus preservation. Using the wrong terms really confuses things. Unfortunately, this error is a wide spread one. This morning I just read a draft of a copyright piece (on fair use, but 108 was referenced) written by lawyers and they made the same error in a couple places.
mb Michael Brewer Team Leader for Instructional Services University of Arizona Libraries brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu> From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner Sent: Wednesday, October 20, 2010 11:14 AM To: videolib@lists.berkeley.edu Subject: Re: [Videolib] Two unrelated questions - copyright and phonograph records Yes but it becomes a preservation copy and can NOT circulate beyond the library itself. On Wed, Oct 20, 2010 at 2:07 PM, Jeanne Little <jeanne.lit...@uni.edu<mailto:jeanne.lit...@uni.edu>> wrote: So I understand: you can only make a vhs replacement copy from a vhs, but you can't make a dvd replacement copy from a vhs??? Jeanne Little Rod Library University of Northern Iowa On 10/20/2010 12:39 PM, ghand...@library.berkeley.edu<mailto:ghand...@library.berkeley.edu> wrote: Heeeey deg VHS to VHS...sorta like copying 8 track to 4 track, no? gary The restriction to use in the library only pertains to the digital copy (DVD). So if you were to copy a VHS to VHS (tho unlikely) the copy can leave the premises Also, it's important to note that the section permit duplication if an unused copy is not available for purchase. The law does not permit making a DVD copy of a VHS that has not been released on DVD if it is still distributed in VHS. -deg farrelly ********** Date: Wed, 20 Oct 2010 09:52:09 -0700 Subject: videolib Digest, Vol 35, Issue 46 Question 1: This is totally counter-intuitive (and just plain stupid), but, Section 108 of the copyright law sez that if the title in hand is no longer in distribution or obtainable at fair-market elsewhere (in the same or other formats) you can make a copy. The copy (not the original!!!) is to be used only within the library building. Totally insane! gary handman 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. Gary Handman Director Media Resources Center Moffitt Library UC Berkeley 510-643-8566 ghand...@library.berkeley.edu<mailto:ghand...@library.berkeley.edu> http://www.lib.berkeley.edu/MRC "I have always preferred the reflection of life to life itself." --Francois Truffaut 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.
