I think the missing problem here is not that you might not want to notice if someone uses your equipment to make a personal copy, the DVD itself is NOT a legal copy because it is not part of the libraries collection as the law requires. What the professor does with it personally may not be an issue but it can't be used in a class or put on reserve.
Jessica On Wed, Apr 29, 2015 at 2:25 PM, Kathleen DeLaurenti < kathleendelaure...@gmail.com> wrote: > Hi Jennifer - > > I agree with everything Andy posts, but wanted to share that at least one > institution has publicly shared their process for using the Best Practices > for preserving VHS: > > http://policynotes.arl.org/?p=213 > > Of course your counsel should be involved in your institutional policies. > But it's helpful to see models of how the codes have helped institutions > decide to move forward with preservation activities. > > While we don't provide access to video duplication equipment, I do have a > listening station that can be used to digitize material, just as any > computers or copiers in our libraries can facilitate copying. I've placed > the same notice on all of our scanning and equipment that could be used for > digitizing that is on our copiers. > > Best, > > Kathleen DeLaurenti > Arts Librarian > College of William & Mary > > > > On Tue, Apr 28, 2015 at 2:04 PM, Andrew Horbal <ahor...@umd.edu> wrote: > >> Hi Jennifer, >> >> >> >> The rights and obligations available under 17 USC §108 extend only to >> library/archive-owned copies of works, and thus do not provide any >> protection or guidance to your patron, even though what they want to do is >> arguably analogous to the kind of uses a library or archive is entitled to >> engage in under § 108. § 108(f)(1) does, however, excuse your library from >> liability for the “the unsupervised use of reproducing equipment located on >> [your] premises” provided “such equipment displays a notice that the making >> of a copy may be subject to the copyright law.” Departments I’ve worked for >> in the past have interpreted this to mean that as long as you post a >> copyright notice on your converter, you can allow your patron to use it for >> whatever fair use (this would presumably be the grounds on which they’d >> argue that their reproduction is allowable—I’m not aware of any other >> exemptions which cover this kind of activity) they want. >> >> >> >> Not being a lawyer, I have always refrained from offering counsel as to >> what may or may not constitute a fair use—in situations like this I >> generally point the person to the text of 17 USC § 107 >> <https://www.law.cornell.edu/uscode/text/17/107>, the Center for Media >> & Social Impact’s Codes of Best Practices in Fair Use >> <http://www.cmsimpact.org/fair-use/best-practices>, and advise them to >> contact an IP lawyer if they have additional questions or want to be sure >> that what they’re doing is okay. >> >> >> >> Hope that helps! >> >> >> >> Andy Horbal >> >> Head of Learning Commons >> >> 1101 McKeldin Library >> >> University of Maryland >> >> College Park, MD 20742 >> >> (301) 405-9227 >> >> ahor...@umd.edu >> >> >> >> *From:* videolib-boun...@lists.berkeley.edu [mailto: >> videolib-boun...@lists.berkeley.edu] *On Behalf Of *Jennifer DeJonghe >> *Sent:* Tuesday, April 28, 2015 9:30 AM >> *To:* videolib@lists.berkeley.edu >> *Subject:* [Videolib] faculty use of VHS converter >> >> >> >> Hello, >> >> I’ve searched the archives and have not found this exact scenario >> discussed.. >> >> >> >> My library has a VHS to DVD converter machine. I understand what we as a >> library are allowed to do under section 108 with tapes we own and store on >> site. But what about when faculty approach us and want to convert a VHS >> tape that they personally own, and that is unavailable for purchase in >> another format? In other words, I have a faculty member who owns a >> deteriorating VHS tape. It is unavailable to purchase as streaming or DVD, >> and we have been unable to contact the rights holder. Can we allow this >> instructor to make their own personal DVD copy of that VHS tape using our >> converter? What laws do or don’t apply since we are not doing this as a >> “library” nor would the media be stored here? >> >> >> >> If this is allowable, do any of you make your DVD to VHS converters >> available to others outside of the library? (Faculty, etc) If so, do you >> post a copyright warning or have them sign a form stating that there are no >> formats available? >> >> >> >> Thanks, >> >> Jennifer >> >> >> >> Jennifer DeJonghe >> >> Reference Librarian and Associate Professor >> >> Library and Information Services >> >> Metropolitan State University >> >> St. Paul, MN >> >> >> >> 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. > > -- 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.
