I wholeheartedly disagree. There are 2 issues here: obtaining a video to meet a faculty member's need and applying section 108 to make a copy of that video.
After diligently looking, it's been determined that the only sources for this video are used VHS. If the library purchases a video for its collection, even if it is used, it is a legally acquired copy. Most of us, I'd wager, have done that at some point.... The law provides for the legal duplication of a legally acquired copy. Since the video, now in the library's collection is VHS, and cannot be replaced with a new copy in any format, the library can apply Section 108 to make up to 3 copies. The argument is not that VHS is obsolete, but that the format is deteriorating. The law does not require tracking down the copyright holder(s) and asking for permission. Painting this question as a matter of librarians or faculty wanting everything is a broad overstatement. Is this unusual? Yes. Is this a blatant attempt to cheat a system? Hardly. The law lays out specific protections for libraries and too many librarians for whatever purpose are too timid in asserting the rights that law has provided. deg farrelly, Media Librarian/streaming Video Administrator Arizona State University Libraries > Actually not. 108 is for replacement copies already in a collection and > Lorraine's school never had a copy. The idea that one would purchase a used > VHS the supposedly "dead" format for the express purpose of making a DVD is > not what the law says. > > In general this just goes to the issue that not every film ever made is > going to be available and sometimes instructors will have to find something > else > <snip> > I have a faculty that wants to screen Native Son, 1986 w/ Oprah Winfrey. > As far as I can see ONLY a VHS exists. My first Q is, if we do not have > players in the classroom, and I am not seeing any copy of this on DVD, are > we SOL? > > My only other option is to purchase the VHS and have her screen in the > library (we do have VHS players). In terms of Fair Use checklist, if we > have a VHS, that is my only option, correct? > > Btw, all the VHS copies are used; which could be fine. > > Your advice is appreciated. 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.
