We clear rights all the time for faculty. It isn't usual that a student will want to pay for this right, but the circumstances would be the same. The library owns the original copy, on VHS. The library should ask for the permission, and explain to EAI what the purpose of the permission is, where it will be exhibited, etc. The library should oversee the transfer. It shouldn't make a difference if it is done in house or outsourced. Whoever does the work, if reputable, might ask for the permission letter. Once the DVD is made, who owns it? It depends on the permission given - I would assume the original purchaser, not the student, even if the library asks the student to pay the $300 rights fee. Really, that first permission should ask for permission to transfer format, and replace the VHS with the DVD, then it's clear. Is the $300 the Public Performance fee? or the transfer format fee? or both? That's the issue. Bottom line, the VHS belongs to the library, not the student, and that is who should be clearing the rights, and keeping the DVD.
This is not a legal opinion. Susan jwoo wrote: > Here's a scenario that I don't think we've run across before: > > The library purchased a VHS video art tape from Electronic Arts > Intermix with the usual limited PPR. A student wants to exhibit the > piece continuously as part of her MFA thesis show, and because an > exhibition copy with rights costs $900, the student is negotiating > with EAI for a lower price and permission to make a DVD copy of the > library's VHS tape. > > Question: Who needs the permission to make a copy? The student or > the library? Does it make a difference if the copy is made in-house > or outsourced? > > The student is under the assumption that she can check out the $300 > tape from the library and bring it to a video transfer shop. If > permission to copy was not granted to the library, would the library > be infringing for allowing the student to copy its copy? > > Thanks, > > Janice Woo, Director of Libraries > California College of the Arts > 5212 Broadway Oakland CA 94618 > 510.594.3660 || libraries.cca.edu > > > > > > 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. > -- Susan Weber, Librarian Langara College, 100 West 49th Avenue, Vancouver, B.C. V5Y 2Z6 Tel. 604-323-5533 email: swe...@langara.bc.ca 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.
