Right. I get it that they are outside the law, which is why they aren't us, and why we don't want them full-copying any library owned items. --And, it is this last criteria that I want to have some input on -faculty don't search out availability well....if it ain't at Target, it must be unavailable, right?
I was more wondering about what the procedure and communication was - if any, by others - more for collection development purposes. I want to know and be able to Purchase items for faculty, rather than them asking anyone for a copy to be made, and wondered if others have inter-department communication about such matters. Rhonda -----Original Message----- From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of ghand...@library.berkeley.edu Sent: Wednesday, March 09, 2011 10:50 AM To: videolib@lists.berkeley.edu Subject: Re: [Videolib] digitizing - procedural question ooops...I forgot one crucial condition in my 108 checklist below: the item must unavailable for purchase at a fair market price, which generally means you can't score a DVD copy of the tape. > Happy Birthday, Rhonda! > > Thought I'd get the jump on Jessica here: For an institution, making a > DVD copy copyrighted vhs tape is really only allowable if the process > adheres to the terms and conditions of Section 108 of the copyright law. > Basically, you can copy if: 1) you're a library or similar archive 2) you > provide free public access to collection 3) you've determined that the > original (tape) is at some risk of physical disintegration, or if it shows > signs of damage 3) the copy is used within the library or archive (or at > least on campus for purposes of teaching...this parenthetical remark of > mine > is based on advice from legal counsel with whom I'm working as part of a > Mellon grant). > > So...my lay opinion is that what you're IT guys are doing is > illegal...pretty patently illegal, because NONE of the 108 conditions are > being met, and there aren't any more legal outs. Period. Doesn't matter > if the original is legally acquired, you simply can't transfer formats or > make copies without permission, outside of the 108 provisions. > > Hope that doesn't spoil your B-day > > gary handman > > >> Hello everyone, >> I have probably addressed this issue on this listserve ad nauseum, but >> It's my birthday today and feel entitled to be, well just entitled. >> :) >> >> So, our ITS department have begun digitizing videos, burning dvds for >> faculty upon request. We have made it clear to them that they are not >> allowed to do this with library owned items, as we would want to make >> sure >> the VHS tape was truly not available, contact copyright holders, blah, >> blah blah. - that is my job..... >> >> 1)do you digitize a whole video/burn a dvd to a duplicate if the item is >> a >> legitimately purchased personal copy owned by the faculty? >> 2) Does it matter why they want a copy? If they want it for >> instructional use, do you want to be notified so that you can purchase a >> DVD copy for your library? >> 3) I know some of you make clips for faculty from your collection- if >> you >> are NOT the dept. doing it, are you notified that Prof. X has made a >> clip >> from one of your films and put it on a coursepage? Or, do you not >> keep >> track/is there a reason to keep track of who's digitizing what? >> >> Just curious. I think I'm feeling a little disconnected as it is not >> the >> library who is in control of making copies. >> Rhonda >> >> Rhonda Rosen| Head, Media & Access Services >> William H. Hannon Library | Loyola Marymount University >> One LMU Drive, MS 8200 | Los Angeles, CA 90045-2659 >> rhonda.ro...@lmu.edu| 310/338-4584| >> http://library.lmu.edu<http://library.lmu.edu/> >> "You see, I don't believe that libraries should be drab places where >> people sit in silence, and that's been the main reason for our policy of >> employing wild animals as librarians." >> --Monty Python >> >> >> >> >> 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. > 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.
