Hi James The Mellon project I'm working on has to do with preservation of out-of-distribution works. All this talk about 108 is, of course, a central issue for this project. The project is initially focused on identifying such stuff in three collections (NYU/Avery Fisher, Berkeley, and Loyola, New Orleans)...it will involve a number of phases and reports. I'll try to get as much finished product out to the list as I can.
Gary Not sure exactly what kind of best practices > Gary, thanks for your insights on this. > > Would it be possible to share the report for the Mellon project once it's > finished? I'm sure that many of us on the list would be interested in it. > > Best, > James > > -- > James M. Steffen, PhD > Film and Media Studies Librarian > Theater, Dance, ILA/IDS and LGBT Subject Liaison > Marian K. Heilbrun Music and Media Library > Emory University > 540 Asbury Circle > Atlanta, GA 30322-2870 > Phone: (404) 727-8107 > FAX: (404) 727-2257 > Email: jste...@emory.edu > > ------------------------------ > > Message: 3 > Date: Mon, 13 Dec 2010 13:41:42 -0800 > From: ghand...@library.berkeley.edu > Subject: Re: [Videolib] Can we burn DVDs of "The Machine That Changed > the World"? > To: videolib@lists.berkeley.edu > Message-ID: > <b9fd10e6acea27121aa7b2594441e281.squir...@calmail.berkeley.edu> > Content-Type: text/plain;charset=utf-8 > > It doesn't have to be in the PD in order for it to qualify for replacement > copying under Section 108, Jessica: 108 can be invoked as soon as "the > library or archives has, after a reasonable effort, determined that an > unused replacement cannot be obtained at a fair price." > > Recent discussions with colleagues at our Mellon meeting in NY (including > lawyers)regarding the "non-circulating" issue of 108 seem to indicate that > the interpretation of 108 in this regard could be extended considerably > beyond the library building. The matter really boils down to the > interpretation of "public" (any such copy or phonorecord that is > reproduced in digital format is not made available to the public in that > format outside the premises of the library or archives in lawful > possession of such copy"). Use of 108 copies by faculty in classrooms is > NOT public use. > > Putting this interpretation into play will, of course, depend on the > position of legal counsel of individual institutions. > > Also: the issue of what constitutes damaged or deteriorated is really > slippery slope when talking about vhs and other mag media. Basically, vhs > tape begins to deteriorate the minute it's put in a box. > > gary handman > > > > > >> I would be stunned it it were PD. I believe in order for it to be PD it >> would could never have been copyrighted in the first place as anything >> from >> the last 30 years or so does not require renewal. Do you have link to >> that >> reference? Also the fact that is NOT out on DVD is kind of sign it is >> NOT >> PD as one would imagine that if it were some enterprising company would >> put >> it out. The fact that is on youtube and websites could merely indicate >> the >> rights holder or holders are not very proactive but speaking from >> experience >> it is hard to get this stuff down when pirate copies go up. >> >> If the film were PD in it's entirety ( no underlying music or literary >> rights) than you could copy it, but again that seems unlikely. If it is >> not >> PD you can only use the VHS copies. The section of copyright law which >> "permits" making digital copies from VHS, limits this to copies that are >> deteriorating and said copies may not circulate, they may only be used >> on >> the library premise. >> >> On Mon, Dec 13, 2010 at 3:43 PM, Marilyn Huntley >> <mhunt...@hamilton.edu>wrote: >> >>> Hello, >>> I'm forwarding a question that was sent to me by a professor. If we do >>> not >>> have the right to do what he's asking, can anyone give me contact >>> information for the rights-holder? >>> >>> "The Machine That Changed the World." A co-production of WGBH and the >>> BBC; >>> the 5 VHS tapes our library owns (Giant brains, Inventing the future, >>> Paperback computer, Thinking machine, World at your fingertips) were >>> distributed by Films for the Humanities nearly 20 years ago. The series >>> is >>> long since out of distribution (*http://preview.tinyurl.com/6rlfkb*), >>> and >>> is available for free viewing on numerous web sites (such as * >>> http://preview.tinyurl.com/34pj6hh *and * >>> http://preview.tinyurl.com/39j4p93*, and YouTube). The Internet Archive >>> believes this is in the public domain. Should we trust them? >>> >>> First, can we make copies from our VHS tapes, and if so, are we limited >>> to >>> using the DVDs within the library? >>> >>> Second, would we have the right to download a video file from a place >>> like >>> this (*http://preview.tinyurl.com/5p55fd*), and burn it onto DVDs? >>> >>> Thanks in advance for any information or opinions. >>> Marilyn Huntley >>> >>> -- >>> Marilyn B. Huntley, Staff Assistant/ Film Specialist: >>> Scheduling; purchases, rentals, previews; licensing & copyright >>> A-V Services, Hamilton College, 198 College Hill Rd., Clinton, NY 13323 >>> Phone 315-859-4120; Fax 315-859-4185 >>> >>> >>> >>> >>> >>> >>> 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. >>> >>> >> >> >> -- >> Jessica Rosner >> Media Consultant >> 224-545-3897 (cell) >> 212-627-1785 (land line) >> jessicapros...@gmail.com >> 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 > > > > > End of videolib Digest, Vol 37, Issue 31 > **************************************** > > This e-mail message (including any attachments) is for the sole use of > the intended recipient(s) and may contain confidential and privileged > information. If the reader of this message is not the intended > recipient, you are hereby notified that any dissemination, distribution > or copying of this message (including any attachments) is strictly > prohibited. > > If you have received this message in error, please contact > the sender by reply e-mail message and destroy all copies of the > original message (including attachments). > > 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.
