You can withdraw my comment. I am in complete agreement with what Karen Ulric 
wrote.

Naomi

From: hasafran-bounces+naomi.johnson=unco....@lists.service.ohio-state.edu 
[mailto:hasafran-bounces+naomi.johnson=unco....@lists.service.ohio-state.edu] 
On Behalf Of Ulric, Karen
Sent: Thursday, December 22, 2011 9:44 AM
To: [email protected]
Subject: Re: [ha-Safran] outstanding video cassette collection - 
forsale?forconversion?

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.cfm> 
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is in an obsolete format (a 3/4" tape is obsolete because the equipment is no 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/>

[Description: logo for signature]

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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