Beyond the whole idea that faculty and others claim EVERY VHS copy is about to disintegrate regardless of the truth because they don't want to bothered showing something on VHS, the question of "Fair Market' price is another one of those that faculty in particular and budget folks are not likely to adhere to. Well they are illegally transferring it in this case anyway so they are not likely to do anything else right.
Anyway as you know most "educational" films are at a totally different price level, instead of the $19.95 special on Amazon they usually cost a few hundred bucks. Now many companies have made the same titles a library paid say $295 for on VHS ten years ago available on DVD and the price is...$295. How much you want to bet some one in accounting will decide that is just not "fair". I have been working with the director Anne Aghion who made a series of films on the aftermath of the genocide in Rwanda. There are 4 titles all together and first 3 were released on video for roughly $400 each. A fair number of libraries have them. Now you can get them on DVD and there is actually a decent discount if you already bought it on VHS ( $250 Vs $405), but again I have zero faith that the same institutions making illegal copies, streaming illegally are going to actual pay what they should. As you know this is the general pricing for specialized films which are not available in the retail market, but that does not mean schools will be willing to buy them legally. I realize a lot of people on this list are caught between faculty, IT and budget people who basically want it easy and cheap and librarians who actually believe in the rights of filmmakers. I am curious how many of you think that if a court actually rules it is illegal to stream or copy a film without the permission of the rights holder, your institution would accept it? On Wed, Mar 9, 2011 at 1:50 PM, <ghand...@library.berkeley.edu> wrote: > 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. > -- 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.
