Let's put it this way, Jessica: I have about 32K tapes in my collection, and I can confidently say that I can show significant deterioration for the majority.
This feature of 108 is perhaps the most idiotic of them all: what it effectively says is that you have to wait until the medium is unplayable or badly worn to save it. Makes no sense whatsoever. Gary > So you are now claiming a VHS is automatically deteriorating? This is > absurd.The VHS or whatever format is supposed to be in must be "damaged, > deteriorating, lost, or stolen, or if the existing format in which the > work > is stored has become obsolete, " in order to even be considered for a > digital transfer. There was no indication whatsoever that the VHS set in > the > case has any of these issues. I think we have discussed in the past that > you > don't get to just transfer all your VHS tapes to DVD if the title is not > available in DVD or have you changed your mind? This is not a free pass > to > upgrade to easier format because a professor wants it. > I have 30 year old VHS copies that play better than DVDs. I am honestly > shocked you would take such a blase attitude to rights. You are right it > is > a slippery slope that you seem to have turned into Niagra Falls by > asserting > any VHS can be digitized and circulated throughout a campus. > > The reason I focused on if this item was PD was because that was actually > the question. To be totally honest any professor claiming it is OK to > digitize a VHS released in the 90s because it is PD is either a total > idiot > ( which I doubt) or just trying to use any excuse to justify getting a DVD > because again the VHS is not > damaged just inconvenient. > > Might one ask if any of the lawyers involved in the Mellon project > represent > rights holders? Since virtually no university library is in fact open to > the > "public" which is requirement of 108 you might want to be careful how you > define the phrase. It is really logical to think the restriction on > digital > copy made from damaged VHS was intended for Joe Smith who has never ever > been allowed to take anything out from a university library in the first > place? I think we know from the ongoing UCLA case (more on that soon) > getting opinions from only one side is not a good idea. > > I confess I am a more than a tad skeptical of the Mellon project. I am > pretty sure that a this is the same project for which one the major NYU > representatives > told an ALA meeting that one should NOT try to contact the rights holder > when trying to determine the status of out of print work because they > would > only cause trouble and want money. I know Dennis has repeatedly urged > rights holders and the academic community to work together, but despite > the > claims that evil > big studios are eating up the world I don't see much effort by the > academic > community to include rights holders, especially educational rights holders > in these discussions. You can't one hand say how much everyone wants to > support independent filmmakers & distributors and on the other say, by > the > way we just made are own DVD because we didn't have the time for you to > do > things like get new materials for transfer, clear rights etc. > > On Mon, Dec 13, 2010 at 4:41 PM, <[email protected]> wrote: > >> 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 >> > <[email protected]>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) >> > [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. >> > >> >> >> 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. >> > > > > -- > Jessica Rosner > Media Consultant > 224-545-3897 (cell) > 212-627-1785 (land line) > [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. > 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.
