Well we always disagree on this Gary. What you suggest is pretty much a license to transfer all VHS copies to DVD if there is not a $30 retail copy available. The law is very specific so why would one need a "test" case. If you want to change the law you can lobby Congress, but the law clearly states that if you need to digitize a VHS, you can't take it out of the library. There won't be a test case of course because no company is going to hire a lawyer so sue over such a thing, but distributors and filmmakers do like believe librarians will follow copyright law and protect their rights. Is it frustrating as hell that something a professor or student wants to use is not available in DVD? Sure, but that is how it works.
In this case the film was actually out in DVD for several years, but the library never purchased a copy and now finds the price for a rare out of print copy too much. What do you suppose the odds are that this or any other film will come out in DVD if libraries just transfer VHS to DVD anything that they use that is not released in DVD? The issue of a VHS being damaged or going bad is in the eye of the beholder so giving the OK to transfer VHS to DVD is pretty much anything you or some professor wants. Jessica On Wed, Nov 17, 2010 at 11:01 AM, <[email protected]> wrote: > It's not in DVD distribution. Make a DVD replacement copy under Section > 108 of the copyright law. The law requires initial attempts to purchase a > legit replacement at fair market, but I am certain that it can be > demonstrated that $300 is not fair market. > > The one catch is that 108 mandates that the replacement copy be used in > the library building only. As I have repeatedly said on this list, it is > my opinion that this is patently unreasonable, and, law or not, we choose > to circulate the more robust replacement copy, retaining the original as > copy of record. If there's a test case in this, let it come... > > gary handman > > > > > Colleagues, > > > > I'm searching for a DVD of "Mein Krieg" (written and directed by Harriet > > Eder and Thomas Kufus). It was released by Kino on Video in 2000 but > > apparently is out of print. Four third-party sellers are offering it on > > Amazon, but the price is prohibitive (almost $300 for a new copy, and > > three used starting at $123 - yikes). Does anyone have a suggestion? I > did > > get a hit for an online source called "germanwarfilms.com" but that site > > appears to be far from legit. > > > > We have a VHS copy in our collection, but it's wearing out. A faculty > > member uses it extensively and is very keen for the library to replace > it, > > particularly with a DVD. > > > > Thank you, > > Karen > > > > Karen G. Ketchaver > > Acquisitions Unit Leader > > Grasselli Library > > John Carroll University > > 20700 North Park Blvd. > > University Hts., Ohio 44118-4581 > > U.S.A. > > (216)397-1622 phone/(216)397-1809 fax > > > > > > > > > > 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 > [email protected] > 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.
