But for whatever   reason CBS  the owner  is not making available in a
nice DVD and that does not give you  the right to make
and circulate a copy. 108 is very clear on the restrictions you just
feel the greater good of making it available supersedes copyright law,
why bother to even use copyright as a defense if you believe you can
override what it says?

Let's suppose Cinema Guild or First Run or whoever had put out a title
on VHS that you now needed on DVD. You contact them and they explain
that they have a problem with their master and it will cost them 4
grand to make a new one so unless you can pay that much they can't
make you a copy. So now you just dub your own vastly inferior copy
because after all you need it. The distributor which simply can not
afford to make a new master is being ripped off.

Or how about this. You paid $250 for a VHS 20 years ago, the rights
holder says they can indeed make you a VHS copy for the same $250 but
they can't do a DVD. How many libraries will pay that (as the law
requires FYI) or will they in fact just dub their own again inferior
DVD?

Again let's not pretend this has anything to do with archiving or
preservation, it is because a school understandably wants to keep
using a film and when they find it is even an inconvenient format and
often not even at immediate risk ( as again the law requires) they
will just dub a copy, end up with something that looks bad and help
insure the better version is never released.

Yep I am bit nasty today, but the  " I would buy a 'real" copy  if I
could " does not legally ( or morally in my view) justify making a bad
dub to use as  you please.

On Mon, Sep 12, 2011 at 6:40 PM,  <[email protected]> wrote:
> Hi Stephen (nice to hear from you!)
>
> I think there's a whole buncha confusion happening here regarding this
> issue (Jessssica...I'm looking at you!)
>
> Libraries are in the business of selecting, acquiring, making accessible,
> and preserving cultural content.  That's what we do.    "Use it up, wear
> it out, make it do, do without" just doesn't fit this model--at least not
> in research libraries.  (Things vary from library type to library type...)
>
> I have a copy of Selling of the Pentagon (produced by CBS, 1971)--a
> historic piece of TV.  My vhs copy is dropping out as we speak.  Used to
> be distributed by the dearly departed Carousel Films.  No one answers the
> phone at CBS.  Would I pay full price to replace on DVD?...in a NY minute.
>  What are my options:  letting a landmark documentary crumble into mylar
> and oxide?  I don't think so.  The law gives me the right to make a
> replacement copy and that's what I'm gonna do.
>
> That's why libraries are around...to make sure this stuff stays around for
> the future--no "if not, nots" about it.
>
> gary
>
>
>
>
>> We are a small distributor of many many short art films, and it would
>> hardly be worthwhile for anyone to pirate our stuff. Where would they
>> advertise
>> it?
>>
>> And yet I have a dog in this fight. Because every so often we get an
>> inquiry about a title and I respond with an order form, and the line goes
>> dead.
>> Why? Because we don't charge $10, we charge $50.   And I think they figure
>> well let's see who has that, borrow it, and run off a copy.
>>
>> This whole discussion is really about having something that either you
>> can't have or that costs more than you want to spend.   Parsing and
>> splitting
>> the copyright laws is just a proxy argument.
>>
>> If the XYZ Production Company ever does make a DVD of that title you want,
>> you can buy it. And if not, not.
>>
>> May I quote what is sometimes referred to as the New England credo?
>>
>> Use it up, wear it out, make it do, do without.
>>
>> Stephan Chodorov
>> Creative Arts Television
>> www.catarchive.comVIDEOLIB 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.

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