Here was my original response to the individual quoted below regarding
the scenario, which stemmed out of a broader discussion on ILL practices:
There are major copyright concerns with this scenario -- although I
agree there is value in pushing the envelope in certain areas (fair use
pertaining to media, for example), there are others where the law is
quite clear and I'm not quite sure how one could justify that copyright
issues were not involved in duplicating copyrighted, non-public domain
materials. Even if a VHS was out of print, the DVD copy could only be
used on-site, as a 'preservation copy'.
This may be a helpful tool to consider:
http://www.librarycopyright.net/108spinner/
... As well as some brush-up on the Digital Millenium Copyright Act
(which states that copy protection cannot be broken for any copying).
So we're definitely thinking along the same lines and I don't plan on
spending too much more energy trying to education the obstinate.
However, I would love to throw back a reference to case law, if
available, although case law is far and away NOT my strong suit!
Cheers,
Meghann
Deg Farrelly wrote:
Wow...
I wonder if this is the same discussion that stared today on the Digital
Copyright discussion list:
We have had several professors request our media services to make DVD
copie= s of VHS tapes that either belong to the university library or to
their own private collection. Our librarians are searching for DVD
copies of the VHS tapes that are in the library=B9s collection and they
even research for video= s from faculty private collection. When the DVD
version cannot be found, the faculty come to us.
What would your recommendations be =AD could we claim Fair Use and make
one DVD copy for classroom use? What about the professor who gets a VHS
from Interlibrary Loan? I know we won=B9t do videos from Blockbuster,
etc.
snark I've removed the name and institution to protect the clueless /snark
I replied, citing 108, saying that VHS is not obsolete (on it's last legs, but
not obsolete) and referencing the limitation on use outside the Library.
--
deg farrelly, Associate Librarian
Arizona State University at the West campus
PO Box 37100
Phoenix, Arizona 85069-7100
Phone: 602.543.8522
Email: deg.farre...@asu.edu
From: videolib-requ...@lists.berkeley.edu
videolib-requ...@lists.berkeley.edu
Reply-To: videolib@lists.berkeley.edu
Date: Thu, 18 Feb 2010 11:53:46 -0700
To: videolib@lists.berkeley.edu
Subject: videolib Digest, Vol 27, Issue 68
Anyone out there on Collib-l? If so, you might want to tune into a
conversation going on over there re: converting VHS to DVD without
adherence to copyright. Here's the last bit I received from someone who
appears to be advocating flouting copyright law just because it is
inconvenient / expensive -- just curious if anyone has any case law
examples I could toss back off the top of their heads:
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.
