Thanks to all for weighing in.
I understand the in-library-use only, I just wasn't clear about moving
from the vhs format that is defective, to a dvd format as a replacement.
Jeanne Little
On 10/20/2010 3:45 PM, Jessica Rosner wrote:
If it was a simple "replacement" the law would not
restrict where it can be used. It is a "replacement" in a different
format so it is not the same thing. It is an upgrade in a different
format and since format changes are the right of the rights owner this
"copy" is basically a research copy whose use is severely limited.
We agree on the law in any case if not the terminology but the bottom
line is if you make a DVD from a VHS it can no longer circulate and
must be used on the library premise.
On Wed, Oct 20, 2010 at 4:34 PM, Brewer,
Michael <brew...@u.library.arizona.edu>
wrote:
Yes, you can make a
DVD of a VHS if it meets the criteria under 108.
On the second part,
you are not correct. The law uses the term replacement to mean
replacement NOT of the artifact, but of the content (which is what is
copyrighted, not the physical item), so moving from VHS/analog to
DVD/digital is fine as a replacement as long as it remains within the
building (and the other criteria are met).
From: videolib-boun...@lists.berkeley.edu
[mailto:videolib-boun...@lists.berkeley.edu]
On Behalf Of Jessica Rosner
Sent: Wednesday, October 20, 2010 11:43 AM
Yes you can what?
FYI kind of bad
word choice my part as I did not mean "preservation" in the sense of a
unique work, but in terms of converting a VHS to a DVD it is not a
replacement either which is why it can not be circulated beyond the
premise of the libary. Replacing an item would of course mean getting
the same item not a different version or format at least for the
purposes of copyright law.
On Wed, Oct 20, 2010 at 2:27 PM, Brewer,
Michael <brew...@u.library.arizona.edu>
wrote:
Yes, you can. See
http://librarycopyright.net/108spinner a new 2.0 version is due
out soon.
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
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
> 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.
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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