I third this interpretation by Deg and Terry. It is important to read the law for yourself because sometimes there is misinformation on this list and with content providers.
Jo Ann Jo Ann Reynolds Reserve Services Coordinator Homer Babbidge Library University of Connecticut 369 Fairfield Road, Unit 1005R Storrs, CT 06269-1005 860-486-1406 -----Original Message----- From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Simpkins, Terry W. Sent: Wednesday, January 13, 2016 8:15 AM To: videolib@lists.berkeley.edu Subject: Re: [Videolib] Native Son Greetings, everyone I second this interpretation by Deg. There is nothing in 108 that specifies a film must "already be in the collection" (if that were the case, then already in the collection since... when?). There is so much misinformation about this stuff, especially, at times, from certain quarters on this list, that it is important to look at what the law actually says. 108 says nothing about libraries having to hold copies of an obsolete format for some specified period of time before invoking 108, nor does it say the library had to have purchased the item now considered obsolete in new condition. I don't even think this is a particularly unusual situation. If anyone can point out the actual text of the law, or a court case that established this as an interpretation, that says otherwise, it would be news to me and I'd be grateful to learn about it. I'm all for telling faculty when something can't be done, but not for erecting imaginary and unnecessary barriers to their work. Copyright law has shifted far far to the side of protections for content creators. Let's not make our lives as librarians and educators even more difficult through timidity, as Deg rightly says, or self-imposed restrictions with no basis in law. Terry Simpkins Director, Discovery & Access Services Middlebury College Middlebury VT 05653 892-443-5045 > On Jan 13, 2016, at 3:12 AM, Deg Farrelly <deg.farre...@asu.edu> wrote: > > 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. 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.
