Hi, Gary. Thanks so much for your answer to my question.
Actually, we have been given the right to digitize the entire dance program by the producer. Our faculty member actually worked on the documentary, and thus has her legally acquired copy. However, I can see that we should purchase the documentary for the AV Library before proceeding with the digitization - which will only be accessible to students in the online dance history classes. Boy, Gary, are we going to miss you and your wisdom on this listserv!!! You must be counting down the days...! ML -----Original Message----- From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of ghand...@library.berkeley.edu Sent: Tuesday, June 19, 2012 11:18 AM To: videolib@lists.berkeley.edu Subject: Re: [Videolib] Faculty's personally owned copies and digitization Hey Mary Lou Well, whether there's a problem or not depends on how wild and wooly your institution is in interpreting fair use. Section 108 (which makes allowances for duplicating legally acquired, physically at-risk items no longer available for purchase at fair market prices)allows use of duplicated materials in the library building... More liberal interpretations of this MIGHT allow for use of such materials in a classroom... Streaming for access of 108-duplicated materials might (MIGHT) hold up if access were limited to use within the library physical plant...access more widely (e.g. off campus by students in a course)...well, that's pushing things pretty hard. Our lawyer for the Mellon project I'm involved in is a pretty liberal guy (at least, for a lawyer)doesn't think it'd fly. The 108 Study Group (which was charged with looking at that section of the copyright law and making recommendations)didn't deal with online delivery of 108-eligible material. Then there's the whole UCLA, how-and-what-kinda-use-is-fair-use thing... If it were me, I wouldn't. Clips, maybe. Whole works, too risky. Gary > I am appealing to the collective wisdom of the list! I am helping a > dance professor put together an online course on the history of dance. > She is using multiple library resources - some will be entire programs > with permissions, some will be entire programs with licensing fees, > and others will be fair use excerpts. > > My question to you all: is there any problem with digitizing vhs > material that is the personal property of the faculty member and no > longer available for us to purchase for the AV Library? They are > legally acquired copies of the professor, and I would apply the same > standards of trying to trace rights that I have done for the library > material. We would not be keeping copies in the AV Library. The > digitizations are strictly for the online course the professor is teaching. > > I don't think that there is a problem, but I thought that I would > check it out with my colleague experts!! > > > Mary Lou Neighbour > AV Librarian/Assistant Professor > Montgomery County Community College > 340 DeKalb Pike > Blue Bell, PA 19422 > mneig...@mc3.edu 215-619-7355 > > > > > > > ________________________________ > Montgomery County Community College is proud to be designated as an > Achieving the Dream Leader College for its commitment to student > access and success. > 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. Montgomery County Community College is proud to be designated as an Achieving the Dream Leader College for its commitment to student access and success. 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.
