I think the idea of accepting a used copy ( which is not acceptable as a replacement copy) for the express purpose of making a digital copy would indeed violate 108. Kind of like buying insurance on a car after you have an accident.
On Thu, Jan 29, 2015 at 11:54 AM, Brewer, Michael M - (brewerm) < brew...@email.arizona.edu> wrote: > No reason the copy used to invoke Section 108 has to be a copy the > library purchased new (though that is likely what happens most of the > time), it just has to be legal (and, as Chris noted, not have any other > license restrictions). > > > > mb > > > > Michael Brewer | Librarian | Head, Research & Learning > > > > *From:* videolib-boun...@lists.berkeley.edu [mailto: > videolib-boun...@lists.berkeley.edu] *On Behalf Of *Chris Lewis > *Sent:* Thursday, January 29, 2015 9:41 AM > > *To:* Videolib > *Subject:* Re: [Videolib] another question about old VHS tapes > > > > Hmmm. Before this spins out of control, I'll correct myself and add that > it is okay to make a preservation copy from someone else's videotape if > yours has been damaged beyond repair or lost or stolen. > > Jessica, to the best of my knowledge gifts from faculty members are > legally obtained copies unless they have been expressly prohibited from > transfer in their purchase agreement. > > > > On Thu, Jan 29, 2015 at 11:30 AM, Jessica Rosner <jessicapros...@gmail.com> > wrote: > > I think the paper trail is especially important to show the library > purchased a legal new copy back in the day and did not for instance > transfer a copy from an instructors own collection. > > > > On Thu, Jan 29, 2015 at 10:57 AM, Chris Lewis <cle...@american.edu> wrote: > > I suppose that could happen and if so a worn-out tape or a paper trail > leading back to it's purchase might be necessary to prove that your > preservation DVD was made from a legally obtained copy and not from another > library's copy. > > > > On Wed, Jan 28, 2015 at 5:50 PM, Rosen, Rhonda <rhonda.ro...@lmu.edu> > wrote: > > Hi Chris, > > So you are saying that if anyone challenged us, which is fairly unlikely, > we would by Section 108 need to show the worn or damaged VHS tape? > > R > > > > *From:* videolib-boun...@lists.berkeley.edu [mailto: > videolib-boun...@lists.berkeley.edu] *On Behalf Of *Chris Lewis > *Sent:* Tuesday, January 27, 2015 11:36 AM > *To:* Videolib > *Subject:* Re: [Videolib] another question about old VHS tapes > > > > I think it's good form to keep the original VHS as evidence if you are > invoking Section 108 to justify making a copy of a deteriorating original. > I don't think this is required by law though given that Section 108 > preservation copies can also be made to replace lost or stolen recordings. > > > > On Tue, Jan 27, 2015 at 12:39 PM, Rosen, Rhonda <rhonda.ro...@lmu.edu> > wrote: > > So, a situation has come up at my library... > We have lots of VHS tapes. Over the past couple of years I have been > replacing old VHS tapes with newly purchased DVD copies and if I couldn't > find a source, making a DVD copy. In the past, I have often cavalierly > gotten rid of the old VHS tape since we no longer have the playback units > in our classrooms. However, In my old age, I'm beginning to think I > shouldn't have gotten rid of the VHS, but rather kept them as archival > masters. > > It has been suggested that it is ridiculous to keep these items as VHS > tapes and that it would be better to keep a digital copy of the VHS tape > and load it onto our Kaltura digital video storage platform as digital > masters. Therefore all the VHS tapes could be tossed and we would have the > digital masters forever...Is this legal under the copyright guidelines, or > do we have to keep the VHS as the archival master? > > Rhonda > Rhonda Rosen| Circulation Services Librarian > William H. Hannon Library | Loyola Marymount University > One LMU Drive, MS 8200 | Los Angeles, CA 90045-2659 > rhonda.ro...@lmu.edu 310/338-4584| > http://library.lmu.edu > > > > ________________________________________ > From: videolib-boun...@lists.berkeley.edu [ > videolib-boun...@lists.berkeley.edu] on behalf of Jo Ann Reynolds [ > jo_ann.reyno...@lib.uconn.edu] > Sent: Wednesday, January 14, 2015 9:16 AM > To: videolib@lists.berkeley.edu > Subject: Re: [Videolib] old vhs tapes > > At the University of Connecticut this is the process we follow. Since it > is labor intensive and time consuming we invoke section 108 sparingly. > > > 1. Determine if the VHS is damaged, deteriorating, lost or stolen. > > 2. Document damage, deterioration. This checklist developed by > Kenneth Crews useful for ensuring i's are dotted and t's are crossed. > http://copyright.columbia.edu/copyright/files/2009/10/copyrightchecklist108preservation.pdf > > 3. If found to be damaged/deteriorating, conduct due diligence > search for evidence of new VHS or DVD for sale at a reasonable price. We > use this checklist (Creative Commons license), > http://aladinrc.wrlc.org/handle/1961/16025 > > 4. If no new VHS or DVD is found for sale then a DVD is made from > the VHS. > > 5. The VHS goes to our archive and does not circulate. > > 6. The DVD goes on permanent reserve. The case is clearly marked, > "Section 108 Copy: In Building Circulation Only. This material was > reproduced under the provisions of Section 108 of United States Copyright > Law and may be protected by copyright." "For use at UConn Libraries only. > No InterLibrary Loan. Does not include public performance rights but may be > used in the classroom." "Preservation copy of Archival VHS. Not to be used > outside of the Library." > > 7. The catalog record includes this statement, "For Use at UConn > Libraries only. No Interlibrary Loan. Does not include public performance > rights but may be used in the classroom." And the permanent location is > "Sec108 Copy (Reserve)". The catalog record for the VHS indicates the > location as "Sec108 Original (@Dodd)", our archive. > > Best, > Jo Ann > > Jo Ann Reynolds > Reserve Services Coordinator > University of Connecticut > Homer Babbidge Library > 369 Fairfield Road, Unit 1005RR > Storrs, CT 06269-1005 > 860-486-1406 voice > 860-486-0584 fax > > > > From: videolib-boun...@lists.berkeley.edu [mailto: > videolib-boun...@lists.berkeley.edu] On Behalf Of Rosen, Rhonda > Sent: Tuesday, January 13, 2015 7:27 PM > To: videolib@lists.berkeley.edu > Subject: [Videolib] old vhs tapes > > Hi all, > We are , like many of you, replacing old VHS tape content with DVDs or > streaming when possible. What are you doing with the VHS tape? Keeping it > or discarding it? Or putting it on a digital master for safekeeping? > Thanks, > Rhonda > > Rhonda Rosen| Circulation Services Librarian William H. Hannon Library | > Loyola Marymount University One LMU Drive, MS 8200 | Los Angeles, CA > 90045-2659 > rhonda.ro...@lmu.edu<mailto:rhonda.ro...@lmu.edu> 310/338-4584< > tel:310%2F338-4584 <310%2F338-4584>>| > http://library.lmu.edu > > > 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. > > > > > -- > > Chris Lewis American University Library 202.885.3257 > > > > > 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. > > > > > -- > > Chris Lewis American University Library 202.885.3257 > > > > > 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 > > > 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. > > > > > -- > > Chris Lewis American University Library 202.885.3257 > > > > 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.
