Happy Birthday, Rhonda! Thought I'd get the jump on Jessica here: For an institution, making a DVD copy copyrighted vhs tape is really only allowable if the process adheres to the terms and conditions of Section 108 of the copyright law. Basically, you can copy if: 1) you're a library or similar archive 2) you provide free public access to collection 3) you've determined that the original (tape) is at some risk of physical disintegration, or if it shows signs of damage 3) the copy is used within the library or archive (or at least on campus for purposes of teaching...this parenthetical remark of mine is based on advice from legal counsel with whom I'm working as part of a Mellon grant).
So...my lay opinion is that what you're IT guys are doing is illegal...pretty patently illegal, because NONE of the 108 conditions are being met, and there aren't any more legal outs. Period. Doesn't matter if the original is legally acquired, you simply can't transfer formats or make copies without permission, outside of the 108 provisions. Hope that doesn't spoil your B-day gary handman > Hello everyone, > I have probably addressed this issue on this listserve ad nauseum, but > It's my birthday today and feel entitled to be, well just entitled. > :) > > So, our ITS department have begun digitizing videos, burning dvds for > faculty upon request. We have made it clear to them that they are not > allowed to do this with library owned items, as we would want to make sure > the VHS tape was truly not available, contact copyright holders, blah, > blah blah. - that is my job..... > > 1)do you digitize a whole video/burn a dvd to a duplicate if the item is a > legitimately purchased personal copy owned by the faculty? > 2) Does it matter why they want a copy? If they want it for > instructional use, do you want to be notified so that you can purchase a > DVD copy for your library? > 3) I know some of you make clips for faculty from your collection- if you > are NOT the dept. doing it, are you notified that Prof. X has made a clip > from one of your films and put it on a coursepage? Or, do you not keep > track/is there a reason to keep track of who's digitizing what? > > Just curious. I think I'm feeling a little disconnected as it is not the > library who is in control of making copies. > Rhonda > > Rhonda Rosen| Head, Media & Access Services > William H. Hannon Library | Loyola Marymount University > One LMU Drive, MS 8200 | Los Angeles, CA 90045-2659 > [email protected]| 310/338-4584| > http://library.lmu.edu<http://library.lmu.edu/> > "You see, I don't believe that libraries should be drab places where > people sit in silence, and that's been the main reason for our policy of > employing wild animals as librarians." > --Monty Python > > > > > 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.
