This was addressed in "American L:ibraries" recently: http://americanlibrariesmagazine.org/ask-ala-librarian/vhs-dvd
A: In most cases, yes, it would be a copyright violation. Reproducing a VHS to DVD without the prior permission of the rights-holder is an infringement of copyright. This kind of reproduction is not exempt because it is not "fair use" <http://wikis.ala.org/professionaltips/index.php/Fair_Use> as defined in Section 107 of the Copyright Code and it does not qualify as a lawful reproduction under Section 108 <http://www.ala.org/ala/issuesadvocacy/copyright/dmca/section108/index.c fm> of the Copyright Code. However, in a situation where the VHS tape is lost, stolen or deteriorating or is in an obsolete format (a 3/4" tape is obsolete because the equipment is no longer being sold, but a VHS tape is not obsolete) and is not available in the DVD format in the market for a reasonable cost, the library can make a reproduction. But if the reproduction is in a digital format (DVD is digital), then that copy cannot leave the library premises. Karen Ulric School Library Media Specialist, Upper School 1418 Pleasant Valley Way West Orange, NJ 07052 973-602-3653 [email protected] <mailto:[email protected]> http://library.goldaochacademy.org <http://library.goldaochacademy.org/> Solomon Schechter Day School of Essex and Union is now proudly Golda Och Academy From: [email protected] [mailto:[email protected]] On Behalf Of Andrea Rapp Sent: Thursday, December 22, 2011 11:38 AM To: Yakov Shafranovich Cc: [email protected] Subject: Re: [ha-Safran] outstanding video cassette collection - forsale?forconversion? >There are exceptions in the copyright law for libraries that want to preserve materials so >if there is a fear that the tapes wont last you maybe able to convert them. ==== Doesn't this exemption refer to keeping a single copy, as in an archive, as opposed to using it to circulate among patrons? Andrea
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