If it was a simple "replacement" the law would not restrict where it can be used. It is a "replacement" in a different format so it is not the same thing. It is an upgrade in a different format and since format changes are the right of the rights owner this "copy" is basically a research copy whose use is severely limited.
We agree on the law in any case if not the terminology but the bottom line is if you make a DVD from a VHS it can no longer circulate and must be used on the library premise. On Wed, Oct 20, 2010 at 4:34 PM, Brewer, Michael < brew...@u.library.arizona.edu> wrote: > Yes, you can make a DVD of a VHS if it meets the criteria under 108. > > > > On the second part, you are not correct. The law uses the term replacement > to mean replacement NOT of the artifact, but of the content (which is what > is copyrighted, not the physical item), so moving from VHS/analog to > DVD/digital is fine as a replacement as long as it remains within the > building (and the other criteria are met). > > > > mb > > > > Michael Brewer > > Team Leader for Instructional Services > > University of Arizona Libraries > > brew...@u.library.arizona.edu > > > > *From:* videolib-boun...@lists.berkeley.edu [mailto: > videolib-boun...@lists.berkeley.edu] *On Behalf Of *Jessica Rosner > *Sent:* Wednesday, October 20, 2010 11:43 AM > > *To:* videolib@lists.berkeley.edu > *Subject:* Re: [Videolib] Two unrelated questions - copyright and > phonograph records > > > > Yes you can what? > > > > FYI kind of bad word choice my part as I did not mean "preservation" in the > sense of a unique work, but in terms of converting a VHS to a DVD it is not > a replacement either which is why it can not be circulated beyond the > premise of the libary. Replacing an item would of course mean getting the > same item not a different version or format at least for the purposes of > copyright law. > > On Wed, Oct 20, 2010 at 2:27 PM, Brewer, Michael < > brew...@u.library.arizona.edu> wrote: > > Yes, you can. See http://librarycopyright.net/108spinner a new 2.0 > version is due out soon. > > mb > > Michael Brewer > Team Leader for Instructional Services > University of Arizona Libraries > brew...@u.library.arizona.edu > > -----Original Message----- > From: videolib-boun...@lists.berkeley.edu [mailto: > videolib-boun...@lists.berkeley.edu] On Behalf Of Jeanne Little > Sent: Wednesday, October 20, 2010 11:07 AM > To: videolib@lists.berkeley.edu > Subject: Re: [Videolib] Two unrelated questions - copyright and phonograph > records > > So I understand: you can only make a vhs replacement copy from a vhs, but > you can't make a dvd replacement copy from a vhs??? > > Jeanne Little > > Rod Library > University of Northern Iowa > > On 10/20/2010 12:39 PM, ghand...@library.berkeley.edu wrote: > > Heeeey deg > > > > VHS to VHS...sorta like copying 8 track to 4 track, no? > > > > gary > > > > > > > >> The restriction to use in the library only pertains to the digital > >> copy (DVD). > >> > >> So if you were to copy a VHS to VHS (tho unlikely) the copy can leave > >> the premises > >> > >> Also, it's important to note that the section permit duplication if > >> an unused copy is not available for purchase. The law does not > >> permit making a DVD copy of a VHS that has not been released on DVD > >> if it is still distributed in VHS. > >> > >> -deg farrelly > >> > >> ********** > >> > >> > >> Date: Wed, 20 Oct 2010 09:52:09 -0700 > >> > >> Subject: videolib Digest, Vol 35, Issue 46 > >> > >> Question 1: This is totally counter-intuitive (and just plain > >> stupid), but, Section 108 of the copyright law sez that if the title > >> in hand is no longer in distribution or obtainable at fair-market > >> elsewhere (in the same or other formats) you can make a copy. The > >> copy (not the original!!!) is to be used only within the library > >> building. Totally insane! > >> > >> gary handman > >> > >> 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. > >> > >> > > > > Gary Handman > > Director > > Media Resources Center > > Moffitt Library > > UC Berkeley > > > > 510-643-8566 > > ghand...@library.berkeley.edu > > http://www.lib.berkeley.edu/MRC > > > > "I have always preferred the reflection of life to life itself." > > --Francois Truffaut > > > > > > 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.
