This probably doesn't apply to the case at hand but might be defensible.

Section 108 permits preservation copies made of items that have been
lost but from where does one get a copy to make a replacement copy. It
would have to be borrowed from someone else with that out of release
title. Over time many of those OP titles will be only available as
preservation copies and though dicey might be acceptable to loan if
only for the purpose of replacing a lost copy.

On Wed, Sep 21, 2011 at 12:03 PM,  <ghand...@library.berkeley.edu> wrote:
> Here's the deal:  one of the things that probably would not fly when
> invoking 108 is keeping both the replacement copy (in your case the vhs
> tape) and the original (the 16mm) in the collection as circulating copies.
>  In other words, you don't want to end up with more circulating copies of
> a work than you started out with. (I think that the 16mm could be kept as
> a non-circulating copy of record)
>
> The other requirement is that the replacement be used within the library
> building (depending on whom you talk to--which lawyer--this stricture may
> (MAY)be interpreted as allowing loan for use elsewhere on campus (BE
> QUIET, JESSICA)).  Loaning the replacement would, I think, be skating and
> falling thru very thin ice, however.
>
> gary handman
>
>
>> Hi all,
>>
>> Our collections contains a  small number of VHS tapes we've transferred
>> from 16mm films, using Section 108.  We received an Interlibrary Loan
>> request today for one of these 16mm films, but I want to send out the VHS
>> copy. I don't immediately see anything in 108 that would prevent us from
>> ILLing the VHS copy, but though I'd pose this as a question for the list.
>>
>> Thanks!
>>
>> Kim Stanton
>> Head, Media Library
>> University of North Texas
>> kim.stan...@unt.edu
>> P: (940) 565-4832
>> F: (940) 369-7396
>>
>> 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.
>



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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.

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