I don't have time to argue this in detail either (on my way to Cooperstown) but is particularly absurd to claim you can duplicate an allegedly deteriorating work and circulate it i off campus when the law very clearly states it is NOT to go off premise. What does "fair use" have to do with the CIRCULATION of a copy? "Fair Use" regards how much of a copyrighted work can be copied or used for a new purpose, it has no relation at all to circulated a copy which 108 expressly forbids.
On Thu, Jul 24, 2014 at 4:56 PM, Deg Farrelly <deg.farre...@asu.edu> wrote: > 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. >
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.
