Ok...this'll really get Jessica going. I suspect (but, hey, I ain't no lawyer) that a fairly strong case could/would be made for transferring 16mm to another format in an academic setting if: 1) the title were legally acquired in the first place and 2) thorough and well-documented due diligence regarding purchase of a replacement in a more usable format could be demonstrated. 3) the institution could demonstrate the general lack of access to 16mm projection equipment in the venues in which the material was generally shown (e.g., classrooms)
Just a suspicion (based on on-going work with Mellon) gary > and what about transferring a perfectly healthy 16mm to VHS in the first > place? > > On Wed, Sep 21, 2011 at 1:50 PM, Deg Farrelly <deg.farre...@asu.edu> > wrote: >> I disagree with Gary's comment about loaning. >> >> The provisions of Section 108 limiting use to within the library applies >> to * digital * copies. >> >> 108 Section (a) (c), >> "or to distribute such copy or phonorecord, under the conditions >> specified >> by this section, if ‹ " >> >> 108 Section (c) >> (2) any such copy or phonorecord that is reproduced in >> * digital format * is not made available to the public in that >> format >> outside >> the premises of the library or archives in lawful possession of such >> copy. >> >> >> Emphasis added >> >> Since Kim asked about loaning VHS copies of 16mm titles, it is my >> opinion >> that Section 108 allows an ILL >> >> >> -- >> deg farrelly >> Arizona State University >> P.O. Box 871006 >> Tempe, AZ 85287 >> Phone: 480.965.1403 >> Email: deg.farre...@asu.edu >> >> >> >>>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 >> >> >> 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. > 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.
