Well, 108(e)(1) does say: (e) The rights of reproduction and distribution under this section apply to the entire work, or to a substantial part of it, made from the collection of a library or archives where the user makes his or her request or from that of another library or archives, if the library or archives has first determined, on the basis of a reasonable investigation, that a copy or phonorecord of the copyrighted work cannot be obtained at a fair price, if - (1) the copy or phonorecord becomes the property of the user, and the library or archives has had no notice that the copy or phonorecord would be used for any purpose other than private study, scholarship, or research; and Cheers,
Matt From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner Sent: Thursday, June 23, 2011 11:25 AM To: videolib@lists.berkeley.edu Subject: Re: [Videolib] FW: New 108 spinner That is what I thought, but the spinner says the person keeps it or am I misreading that? On Thu, Jun 23, 2011 at 11:19 AM, <ghand...@library.berkeley.edu<mailto:ghand...@library.berkeley.edu>> wrote: The library can, if 108 strictures and requirements are met, make the specified number of copies as replacements for items in the library's collection. The law says nothing about giving the copy (for keeps) to someone who requests it, Jessica. gary > I admit I know very little on copyright for written materials, but I find > it > hard to believe that a library can make a copy of out of print book for > someone who then gets to use & keep it. I am obviously missing something > here. Can you point me to the part where the researcher gets to keep a > copy > of an out of print but still under copyright written work? One copy per > researcher or per book? Can a library make 100 copies of an out of print > item for 100 different researchers?Again if find this exceptionally odd. > If > this is true why would one need inter library loan or even o go to a > library to research a rare book, when supposdly they can just request a > copy? > > > On Wed, Jun 22, 2011 at 11:00 PM, Brewer, Michael < > brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu>> wrote: > >> Jessica, >> >> The things you reference are different parts of the section. For >> scholarly >> research purposes, libraries may make copies of entire print works for >> users >> (to become their property) if they are unavailable for sale in new OR >> used >> copies at a fair price. Libraries may make up to three copies of any >> work >> for preservation or replacement purposes under certain circumstances >> (outlined in the law and detailed in this tool). These exceptions are >> clearly written into the law. This tool just provides a more convenient >> and >> understandable means of understanding the law and documenting practice, >> should their copying under 108 come into question. If you go to the >> "Create >> PDF" section for Preservation or Replacement, you will see that the >> restriction on copies leaving the library is clearly spelled out and the >> user is required to assert that they will not be made available to the >> public outside the library, if they are to continue. >> >> Let me know if you have any more questions after you've reviewed these >> sections. >> >> mb >> >> On Jun 22, 2011, at 5:38 PM, Jessica Rosner wrote: >> >> Needless to say I am a bit confused by this, particularly the issue of >> entire copies being made or replaced. Perhaps I am misreading something >> but >> it appears you are saying you can make one copy of a BOOK to someone who >> requests it , if it is not for sale at a fair price? Is that in fact >> what >> you are saying? Then of course you say you can make 3 copies of a film >> if it >> is out of print and "deteriorating ". May I ask why the specific >> declaration >> in section 108 that the copies may NOT leave the library premise is >> missing. >> Do you just get to pick and choose which parts of the section you like? >> This is dead serious question. >> >> On Wed, Jun 22, 2011 at 5:37 PM, Brewer, Michael < >> brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu><mailto:brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu>>> >> wrote: >> All, >> >> Please take a look at the new Section 108 Spinner 2.0, which has just >> been >> released by the ALA Office for Information Technology Policy, and which >> I >> developed. Your colleagues in ILL, Document Delivery, Digital >> Libraries, >> Special Collections and other areas may be interested. This tool was >> created to help libraries and librarians to better understand and more >> programmatically take advantage of Section 108 of US Copyright Law. >> >> http://www.districtdispatch.org/ >> >> http://librarycopyright.net/108spinner/ >> >> Please let me know if you have any questions. >> >> Thanks, >> >> mb >> >> Michael Brewer >> University of Arizona Libraries >> brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.edu><mailto:brew...@u.library.arizona.edu<mailto:brew...@u.library.arizona.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. >> >> >> >> >> -- >> Jessica Rosner >> Media Consultant >> 224-545-3897<tel:224-545-3897> (cell) >> 212-627-1785<tel:212-627-1785> (land line) >> jessicapros...@gmail.com<mailto:jessicapros...@gmail.com><mailto:jessicapros...@gmail.com<mailto: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. >> >> >> 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<tel:224-545-3897> (cell) > 212-627-1785<tel:212-627-1785> (land line) > jessicapros...@gmail.com<mailto: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<tel:510-643-8566> ghand...@library.berkeley.edu<mailto: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<mailto: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.
