I am late to this now lengthy conversation, in which many others have already participated. But permit me to make several statements of fact, not opinion, related to the issue at hand.
First and foremost, in response to Karen's original question and subject line. Contrary to what others on this list may claim, by US Copyright Law, Section 108, a copyright search is NOT required in order duplicate a title in a library's video collection. What * is * required is a * reasonable search * for a * new * copy at a * reasonable * price. (in other words, due diligence). A VHS tape, for which a NEW VHS copy is available, does not meet the requirements of the law. Other conditions must be met. The original item in the library must be a legally acquired copy, it must meet one of these conditions: lost, damaged, stolen, deteriorating, or in an obsolete format. Read the law here: http://www.copyright.gov/title17/92chap1.html#108 The law does not define the term "reasonable". The law does define "obsolete": "For purposes of this subsection, a format shall be considered obsolete if the machine or device necessary to render perceptible a work stored in that format is no longer manufactured or is no longer reasonably available in the commercial marketplace." By the terms of the law, VHS is therefore, not an obsolete format. It can be argued, however, based on the detailed research conducted my Walter Forsberg for the "Video at Risk Project" (and reported at a National Media Market session November 4, 2013) that VHS is a * deteriorating * format. (I understand that a peer reviewed article on Walter's research is forthcoming later this year.) Also note that the law permits making three (3) copies of the item being duplicated. And while some argue that a copy made within the terms of Section 108 may not leave the library, the law also includes a clause that states that NOTHING in the law trumps rights under Section 107 (commonly called Fair Use). "(f) Nothing in this section--... (4) in any way affects the right of fair use as provided by section 107..." Thus a library can argue that it is fair use for a copy made within Section 108 provisions, of a video legally acquired for use in classrooms or general circulation outside the library, to continued to be used in this manner. I am not going to engage in a back and forth "p%ssing match" with others on this list on these points... -deg deg farrelly ShareStream Administrator/Media Librarian Arizona State University Libraries Tempe, AZ 85287-1006 602.332.3103 ---------------------------------------------------------------------- Date: Thu, 24 Jul 2014 16:37:28 +0000 From: "Brown, Karen E" <kebr...@albany.edu> Subject: [Videolib] Copyright searches for videotape Dear colleagues: The University at Albany, SUNY, is in the process of weeding VHS materials held in our general collection, all of which was commercially produced. Regarding those titles for which a more current format is not available we will need to obtain copyright clearance before we consider reformatting. We are wondering if there are other educational institutions that have worked through a project such as this that have "video copyright searching" documentation tools or data that they would be willing to share to assist us. Thank you in advance for your input and advice. Best, Karen E.K. Brown Head, Preservation Department University at Albany Libraries 1400 Washington Ave, Room SL 310 Albany, NY 12222 Tel. (518) 437 3923 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.
