Thanks Deg. Also, I confess to speaking hyperbolically (is that a word?) when I said that libraries don’t have VCRs anymore. As I mentioned to Jeff off-line (as I was making sure he hadn’t choked on his water) I should've said "Increasingly, libraries have no way to provide access to VHS tapes." Which means that if something is only available on VHS then it might as well not be available at all. And if my job is to connect people with content, then I'd rather have something, even if it's not perfect, than nothing at all.
Also, the end is nigh (for VCRs). (Picture me as the crazy guy holding a cardboard sign in the town square.) Matt videolib@lists.berkeley.edu writes: >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. ___________________ Matt Ball Director, Woodruff Library Pace Academy 966 W. Paces Ferry Rd. Atlanta, GA 30327 mb...@paceacademy.org
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.
