Jessica, The section that allows for this (and has for years and years) has been cited (by Matt, I think) in this string and is also available (the fulltext of the law) from the PDF created by the spinner. It is not the spinner that says one can do this; it is the law. The spinner just makes it more easily understandable and ensures people document their use of 108, so that they can be held accountable for using it correctly. Something I think you would be in favor of. If you have a problem with the law as it is written, that is something to bring up if and when 108 is again revisited.
mb On Jun 23, 2011, at 9:18 AM, Jessica Rosner wrote: Gary, I am not arguing that provision, I am arguing that you can not make an entire copy of a work and give it to researcher as the spinner claims. I thought that is what we were discussing. I am in now way saying a library can not make a preservation copy though I do think people are taking advantage of the situation to just make DVDs of videos they find inconvenient. This is a different section and it clearly states that for a copy made for a RESEARCHER it may only be either a portion of a work or a short work. Again the spinner indicates that you can basically make a copy for any researcher who wants one and I believe we both agree that is illegal and would in fact turn libraries into Kinkos. Again I am referring to the "Entire Copy of a Work for Researcher" part of the spinner which claims a library can just make a copy of out of print work for a researcher NOT the preservation & replacement section. On Thu, Jun 23, 2011 at 12:01 PM, <ghand...@library.berkeley.edu<mailto:ghand...@library.berkeley.edu>> wrote: You're absolutely wrong, Jessica. The intent of this portion of the law is to allow libraries to preserve physically endangered materials. The law categorically allows reproduction of entire works for such purposes, if conditions are met. (And the conditions are pretty weird--e.g. use in building only) In the case of video (and books), these allowances are the only slim protection against valuable cultural and intellectual capital being lost for future researchers and teachers. What would you suggest, letting this stuff rot and crumble into dust? I honestly don't see how you're coming up with this stuff. Gary > I think you are missing a HUGE restriction on this. Directly below this it > states > > "The rights of reproduction and distribution under this section apply to a > copy, 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, of no more > than one article or other contribution to a copyrighted collection or > periodical issue, or to a copy or phonorecord of a small part of any other > copyrighted work, if — " > > In short you can make a copy of a SMALL PORTION of a larger work or one > article NOT an entire book or film (well visual works were not part of > this > but just to make it clear) > > That seems again to be a major missing element of the spinner. > Do you (or Michael) have a different interpretation? > > Honestly if it were legal to make a copy of any out of print work for a > researcher what exactly would be the point of copyright and/or research. > One > assumes that researchers actually have to research as in go look at rare > items themselves or in some cases obtain them on interlibrary loan. > Otherwise research libraries would be nothing more than high end Kinkos. > > On Thu, Jun 23, 2011 at 11:39 AM, Ball, James (jmb4aw) < > jmb...@eservices.virginia.edu<mailto:jmb...@eservices.virginia.edu>> wrote: > >> 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> >> [mailto: >> 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<mailto: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<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. >> >> > > > -- > 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<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. 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.
