It doesn't have to be in the PD in order for it to qualify for replacement copying under Section 108, Jessica: 108 can be invoked as soon as "the library or archives has, after a reasonable effort, determined that an unused replacement cannot be obtained at a fair price."
Recent discussions with colleagues at our Mellon meeting in NY (including lawyers)regarding the "non-circulating" issue of 108 seem to indicate that the interpretation of 108 in this regard could be extended considerably beyond the library building. The matter really boils down to the interpretation of "public" (any such copy or phonorecord that is reproduced in digital format is not made available to the public in that format outside the premises of the library or archives in lawful possession of such copy"). Use of 108 copies by faculty in classrooms is NOT public use. Putting this interpretation into play will, of course, depend on the position of legal counsel of individual institutions. Also: the issue of what constitutes damaged or deteriorated is really slippery slope when talking about vhs and other mag media. Basically, vhs tape begins to deteriorate the minute it's put in a box. gary handman > I would be stunned it it were PD. I believe in order for it to be PD it > would could never have been copyrighted in the first place as anything > from > the last 30 years or so does not require renewal. Do you have link to that > reference? Also the fact that is NOT out on DVD is kind of sign it is NOT > PD as one would imagine that if it were some enterprising company would > put > it out. The fact that is on youtube and websites could merely indicate the > rights holder or holders are not very proactive but speaking from > experience > it is hard to get this stuff down when pirate copies go up. > > If the film were PD in it's entirety ( no underlying music or literary > rights) than you could copy it, but again that seems unlikely. If it is > not > PD you can only use the VHS copies. The section of copyright law which > "permits" making digital copies from VHS, limits this to copies that are > deteriorating and said copies may not circulate, they may only be used on > the library premise. > > On Mon, Dec 13, 2010 at 3:43 PM, Marilyn Huntley > <mhunt...@hamilton.edu>wrote: > >> Hello, >> I'm forwarding a question that was sent to me by a professor. If we do >> not >> have the right to do what he's asking, can anyone give me contact >> information for the rights-holder? >> >> "The Machine That Changed the World." A co-production of WGBH and the >> BBC; >> the 5 VHS tapes our library owns (Giant brains, Inventing the future, >> Paperback computer, Thinking machine, World at your fingertips) were >> distributed by Films for the Humanities nearly 20 years ago. The series >> is >> long since out of distribution (*http://preview.tinyurl.com/6rlfkb*), >> and >> is available for free viewing on numerous web sites (such as * >> http://preview.tinyurl.com/34pj6hh *and * >> http://preview.tinyurl.com/39j4p93*, and YouTube). The Internet Archive >> believes this is in the public domain. Should we trust them? >> >> First, can we make copies from our VHS tapes, and if so, are we limited >> to >> using the DVDs within the library? >> >> Second, would we have the right to download a video file from a place >> like >> this (*http://preview.tinyurl.com/5p55fd*), and burn it onto DVDs? >> >> Thanks in advance for any information or opinions. >> Marilyn Huntley >> >> -- >> Marilyn B. Huntley, Staff Assistant/ Film Specialist: >> Scheduling; purchases, rentals, previews; licensing & copyright >> A-V Services, Hamilton College, 198 College Hill Rd., Clinton, NY 13323 >> Phone 315-859-4120; Fax 315-859-4185 >> >> >> >> >> >> >> 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. >> >> > > > -- > Jessica Rosner > Media Consultant > 224-545-3897 (cell) > 212-627-1785 (land line) > jessicapros...@gmail.com > 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.
