Jessica, Just because something is not a legal copy does not necessarily mean it cannot be used legally. One could make a fair use justification to use all of or portions of an illegal copy (for preservation, for example, but perhaps also for other uses). Some sections require that to claim that particular exception, a legal copy must be used. Section 110 does require you use a legal copy (or begin with one, for 110(2)). Portions of 108 require that the library have a copy in their collections (which one would assume would mean they are legal), but not the portion dealing with the last 20 years of copyright protection. The purpose of this part of 108 is to make available things for preservation, scholarship or research that would not otherwise be available and which are not under commercial exploitation. As such, the source of the material is pretty irrelevant (as it is not damaging the copyright holder). If the copyright holder decides they want to market the work, they have every right to, and the use of the material under that part of 108 must cease. Seems like a pretty good balance to me.
mb Michael Brewer Team Leader for Instructional Services University of Arizona Library [email protected] -----Original Message----- From: [email protected] [mailto:[email protected]] On Behalf Of Jessica Rosner Sent: Wednesday, April 21, 2010 8:27 AM To: [email protected] Subject: Re: [Videolib] One more title - Desert Song rather academic because the material available sucks and there is no legal way to access the only good material which is at the Library of Congress. You can find clips of it on youtube which will give you some idea of how bad the material is. If a DESPERATE researcher needed to see it and could not go to LOC then OK , but otherwise it is just awful. On a side note Deg's copy would be illegal from the get go so you could not use that. The provision below was put in recently to allow some archive material to be accessed for educational use, but again the catch is you have to FIND & ACCESS the material which is a bit too expensive for a one off copy. The LOC copy can't be used because of donor restrictions and it appears to be the only archive copy. On Wed, Apr 21, 2010 at 11:06 AM, Brewer, Michael <[email protected]> wrote: > Hmm. Never released (not subject to commercial exploitation), in its last 20 > years of copyright protection, sounds like libraries making it available > through 108 should be considered for appropriate purposes (research, > scholarship, preservation). > > mb > > Michael Brewer > Team Leader for Instructional Services > University of Arizona Library > [email protected] > > > -----Original Message----- > From: [email protected] > [mailto:[email protected]] On Behalf Of Jessica Rosner > Sent: Tuesday, April 20, 2010 8:52 PM > To: [email protected] > Subject: Re: [Videolib] One more title - Desert Song > > I hate to break the news to you Deg, but the 1929 version was never > legally released . Warner Bros which owns it, does not have any > material of its own but there is material at LOC. There is also some > rights issues. Very curious to know what kind of label your VHS has. > > Jessica > > On Tue, Apr 20, 2010 at 10:05 PM, Deg Farrelly <[email protected]> wrote: >> NOT to be a pest... But.... >> >> I'm also looking for a DVD copy of the 1929 version of Desert Song with John >> Boles, Louise Fazenda, Myrna Loy, Carlotta King, and Johnny Arthur. >> NOT the 1953 remake with Kathyrn Grayson and Gordon Macrae. >> >> We have a 1996 VHS print but are looking for the DVD. >> >> Jessica, you know everything..... Was this ever released on DVD? >> >> Thanx again. >> >> -deg >> >> >> -- >> deg farrelly, Associate Librarian >> Arizona State University >> PO Box 37100 >> Phoenix, Arizona 85069-7100 >> Phone: 602.543.8522 >> Email: [email protected] >> >> 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. > 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.
