Dear list, Many of the questions people are posing with respect to the ARL code could be solved by, radical as this idea may be, actually reading the code. However, since it's apparently much easier to complain than to learn, I will summarize what the code actually says on this issue.
The principle: It is fair use to make digital copies of collection items that are likely to deteriorate, or that exist onl in difficult-to-access formats, for purposes of preservation, and to make those copies available as surrogates for fragile or otherwise inaccessible materials. Limitations * Preservation copies should not be made when a fully equivalent digital copy is commercially available at a reasonable cost * Libraries should not provide access to or circulate original and preservation copies simultaneously * Off-premises access to preservation copies circulated as substitutes for original copies should be limited to authenticated members of a library's patron community, e.g., students, faculty, staff, affiliated scholars, and other accredited users * Full attribution, in a form satisfactory to scholars in the field, should be provided for all items made available online, to the extent it can be determined with reasonable effort Additional recommendations (called "enhancements" in the code's lingo) * Fair use claims will be enhanced when libraries take technological steps to limit further redistribution of digital surrogates... * Fair use claims will be further enhanced when libraries provide copyright owners a simple tool for registering objections to use of digital surrogates... So, to answer Ms. Rosner's question: the effort that the code recommends taking is ascertaining whether or not something is still commercially available before preserving/reformatting, and to not use the preservation copy as a "free" (or, if you will, "stolen") 2nd copy. It does not say anything strictly about contacting the rights holder. However, the statement that "I think it sums up the entire attitude of the ARL code of basically under no circumstances involve or consult with rights holders on the material they own or made because they are the enemy" is completely farcical and not at all supported by the actual text of the code, much as most of Ms. Rosner's understanding of fair use seems to be unsupported by the actual text of US Code 17. On a side note: I'm not entirely sure why Ms. Rosner conflates what one "top NYU" person says with the beliefs and practices of the entire ARL and/or academic community. Would the media distribution community would be entirely comfortable with me assuming that Ms. Rosner speaks representatively for them? I hope not. Terry Terry Simpkins Director, Research and Collection Services Library & Information Services Middlebury College, Middlebury, VT 05753 (802) 443-5045 From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner Sent: Thursday, February 23, 2012 3:48 PM To: videolib@lists.berkeley.edu Subject: Re: [Videolib] Video at Risk's Relationship to new ARL Code of Best Practices Gary. I know I have mentioned this before but never directly asked you, is it your belief that in determining if an item is rare and should be "preserved" that no effort should ever be made to contact the rights holder/filmmaker? I ask because that is exactly what one of the top NYU people told a group of librarians at ALA meeting a few years ago and that is a key reason I have so little trust in the "code", this project and to be honest acedemic libraries. I think it sums up the entire attitude of the ARL code of basically under no circumstances involve or consult with rights holders on the material they own or made because they are the enemy. On Thu, Feb 23, 2012 at 11:36 AM, <ghand...@library.berkeley.edu<mailto:ghand...@library.berkeley.edu>> wrote: Hi Debra Berkeley is a principle partner in this project (along with NYU). A significant part of the project will be identifying materials in collections which are eligible for reformatting, primarily under the provisions of Section 108, but possibly under the mantle of fair use, as well. None of us on the project have had contact with the developers of the ARL code (to my knowledge). gary > Hi- > > Does anyone know if the Video at Risk project (dealing with reformatting > of VHS tapes) has a relationship with the new ARL "Code of Best > Practices" undertaking ? Have there been a conversation between these > parties? > > Just Curious. > > Thanks. > Debra > > Debra H. Mandel, > Head, Digital Media Design Studio > Northeastern University Libraries > 360 Huntington Ave. > 200 SL > Boston, MA 02115 > 617-373-4902<tel:617-373-4902>; 617-373-5409<tel:617-373-5409>-Fax > > 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.
