In the early 90s we did a collection-wide conversion of our U-matics to
VHS based on whether we received permission from the copyright holders
to do so. Titles whose copyright holders outright said no or wanted a
license fee were not converted. Eventually, we were able to purchase or
duplicate many of the remaining titles. On the occasions we have needed
to convert VHS to DVD, we have contacted the copyright holder. Some of
my queries have appeared here. All but one of the copyright holders we
contacted have been very receptive to our request. We've provided a free
DVD to those who requested one in exchange for permission. For the few
titles for which we have not found a copyright holder, we have converted
them under Section 108 guidelines. We always include on the label
whether the DVD was made with permission (and from whom, on what date)
or whether we invoked Section 108. We're lucky to have a TV production
studio at our disposal to do the conversions. I have to agree with Gary
that the non-circulating requirement of Section 108 is the most
irritating part of the whole affair.
Gary has bemoaned the lack of understanding (unwillingness to
understand?) about formats and copyright in university IT departments.
The same is true on our campus. Our IT department is in charge of
equipping "master classrooms," and the person in charge of this function
is patently disinterested in the media library's concerns. If we have to
delay or deny getting media to classrooms because of a copyright
problem, then it's our problem not IT's problem - even if a lawsuit were
brought against us. You can guess the outcome - most classrooms now do
not have VHS players. Not that they can't be bought anymore, just that
the folks in charge of classroom equipment refuse to purchase them.
Faculty are now caught in the middle - we can't convert today anything
they need to use tomorrow (literally), and they can't use a large
portion of what we have in a timely manner. In the dwindling number of
rooms where VHS players still exist, they are notoriously hungry. I'm
not waiting until most of our VHS collection ends up on my desk because
these old, hungry players are feasting on our tapes. Our VHS collection
stopped growing almost 10 years ago (with rare exceptions), so the tapes
are definitely aging. We are now in the middle of a weeding project
before we pursue another conversion project. I don't mind doing the work
to seek permission, but I do mind having to tell faculty they are
straight-jacketed by Section 108 in the way they use the DVD conversions
to fulfill the pupose of the educational content when permission cannot
be obtained.
My 2ยข,
Gail
On 12/14/2010 10:20 AM, [email protected] wrote:
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.
--
Gail B. Fedak
Director, Media Resources
Middle Tennessee State University
Murfreesboro, TN37132
Phone: 615-898-2899
Fax: 615-898-2530
Email: [email protected] <mailto:[email protected]>
Web: www.mtsu.edu/~imr <http://www.mtsu.edu/%7Eimr>
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.
