From an interesting recent blog post on this topic from Kevin Smith:

"While we may not yet be able to declare VHS tapes obsolete under the definition in Section 108 of US Copyright Law, there are many other ways for libraries to effectively manage their unique and aging VHS collections. If you have not yet read it, I highly recommend the NYU publication Video at Risk <http://www.nyu.edu/tisch/preservation/research/video-risk/VideoAtRisk_SECTION108_Guidelines_2013.pdf> as a guide to understanding and effectively implementing Section 108 (c) for video collections. In addition, depending on the use of the content on the VHS tape, a good fair use argument could be made."

http://intheopen.net/2016/08/is-vhs-an-obsolete-format-under-section-108

--

Meghann Matwichuk, M.S.
Associate Librarian
Coordinator, Film & Video Collection
Morris Library, University of Delaware
181 S. College Ave.
Newark, DE 19717
(302) 831-1475
https://library.udel.edu/filmandvideo



On 9/20/2016 3:39 PM, Katie Aldrich wrote:
Hi Chris,

I don't believe VHS is considered obsolete yet. The players are readily available from stores (believe it or not). Here's one example from Walmart.

https://www.walmart.com/ip/Sanyo-FWDV225F-DVD-VCR-Player/44465829

Katie Aldrich





From: "Mcnevins, Christine" <chris.mcnev...@uconn.edu>
To: "videolib@lists.berkeley.edu" <videolib@lists.berkeley.edu>
Date: 09/20/2016 02:11 PM
Subject: Re: [Videolib] Developmental Psychology docs
Sent by: videolib-boun...@lists.berkeley.edu
------------------------------------------------------------------------



Hi All…

I don’t need the stream—we have the VHS and want to purchase/convert to DVD.

The individual who used to handle reproduction requests is retiring at the end of the month and the responsibility has been transferred to my department. I’ve inherited her documentation which includes an outline of Section 108 (c) of the Copyright Act. There is also internal checklist of requirements to follow, and one of the requirements is that we make a reasonable effort to track down the copyright holder. I am at that stage right now.

On a related note, now that VHS players are officially no longer being manufactured would that automatically render VHS an obsolete format?

Chris McN



*From:* videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] *On Behalf Of *Brewer, Michael M - (brewerm)*
Sent:* Tuesday, September 20, 2016 2:40 PM*
To:* videolib@lists.berkeley.edu*
Subject:* Re: [Videolib] Developmental Psychology docs

All true (though there is no mention of streaming in the law and one rarely can purchase a stream outright, so I’m not sure it would really qualify as an unused copy in the same way a tangible item would. Also, it is considered a “replacement” copy in the language of the law. A “preservation” copy is one made from a unique item, which is dealt with in a different part of 108). Please use the Section 108 Spinner. It can help you understand all the criteria for this and other exceptions under 108. _http://librarycopyright.net/resources/spinner/_

mb

Michael Brewer | Librarian | Head, Research & Learning | _brewerm@email.arizona.edu_ <mailto:brew...@email.arizona.edu>
University of Arizona Libraries, A204 | 1510 E. University Blvd.
P.O. Box 210055 | Tucson, AZ  85721-0055 | (520) 307-2771

*From:* _videolib-bounces@lists.berkeley.edu_ <mailto:videolib-boun...@lists.berkeley.edu>[_mailto:videolib-bounces@lists.berkeley.edu_] *On Behalf Of *Simpkins, Terry W.*
Sent:* Tuesday, September 20, 2016 10:32 AM*
To:* _videolib@lists.berkeley.edu_ <mailto:videolib@lists.berkeley.edu>*
Subject:* Re: [Videolib] Developmental Psychology docs

Hi Christine
My understanding of USCode Section 108 is that if your titles are deteriorating and unavailable for purchase or streaming in new condition, you can simply make preservation copies. You don’t need to seek permission. There are caveats (in-library use only, etc.), but you can do it.

Terry

*Terry Simpkins*
Director, Discovery & Access Services
Library & Information Services
Middlebury College, Middlebury, VT 05753
(802) 443-5045
_tsimpkin@middlebury.edu_ <mailto:tsimp...@middlebury.edu>


*From:* _videolib-bounces@lists.berkeley.edu_ <mailto:videolib-boun...@lists.berkeley.edu>[_mailto:videolib-bounces@lists.berkeley.edu_] *On Behalf Of *Mcnevins, Christine*
Sent:* Tuesday, September 20, 2016 12:37 PM*
To:* _videolib@lists.berkeley.edu_ <mailto:videolib@lists.berkeley.edu>*
Subject:* [Videolib] Developmental Psychology docs

Hi Folks,

I’ve had a request to investigate the possibility of duplicating the following VHS titles as they are no longer being distributed and our VHS copies are deteriorating. Would anyone know the contacts for the following that I may request permission to duplicate?

1. *Back from Madness: The Struggle for Sanity.*
HBO series, Films for the Humanities & Sciences- no longer available through FilmsMediaGroup / Meridian Films _http://meridian.films.com/id/8560_

2. *Developmental Psychology: Video Collection. *Published by Scientific American Frontiers, Worth Publishers. ISBN: 1-57259-231-1 *NOTE: The individual segments are available as streams on CHEDD ANGIER (**_http://www.chedd-angier.com/frontiers/season4.html_**) but PBS does not have the complete SAF series available for sale.*
EPISODES:
Tape 1. Bringing up monkey ; Teaching computers to think [AKA Machines Who Think(?)] ; Tackling a killer disease ; Bypass genes ; Baby body sense ; The magic years ; Talkin' babies [AKA Babbling Babies] ; Born to talk ; A change of mind [AKA Changing Minds]– Tape 2. Virtual fear ; Mind reading ; Smart glasses ; Severed corpus callosum [AKA Right Brain vs Left Brain] ; Remembering what matters ; True or false? ; What's in a dream ; Old brain, new tricks [AKA New Brain - Old Tricks].

Any help would be greatly appreciated.

Regards,

Chris McNevins

___________________________________________________
*Christine Slominski McNevins*| *ACQUISITIONS COORDINATOR (Print/Media)*
*UNIVERSITY OF CONNECTICUT | HOMER BABBIDGE LIBRARY – Licensing & Acquisitions Unit*
*369 Fairfield Way Unit 1005B | Storrs, CT 06269-1005 USA*
*PH:**860-486-3842 | **FX:**860-486-6017 |****EMAIL: **_chris.mcnevins@uconn.edu_* <mailto:chris.mcnev...@uconn.edu>

cid:image004.jpg@01D10273.21285140
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.

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