With all due respect Gary you keep moving the goal post. On the one hand you say such copies should be restricted as the law states to copies that are deteriorating while at the same time saying it is not really right. You have more than once stated that you just don't accept that when copied , the copies can not go beyond the library premise and are basically for research copies. I invite anyone to check out the LOC special report on 108 which strongly states that such copying/preservation should only be allowed by institutions ( archives or libraries) which have real archiving & preservation capabilities ( which are spelled out). I don't know how many times I have to say that dubbing VHS to DVD makes an INFERIOR copy and is not a preservation nor an action by any archive. If you want to use 108 to simply dub copies of out of print titles than you and Mellon need to make sure the restrictions are clearly stated and stop the BS that it is any kind of preservation. May I assume your copy The Selling of the Pentagon will remain at the library for research and not sent off premise?
I gave you specific examples of situations which you in fact did not answer or respond to and which I think you know the majority of institutions would in fact simply make a copy even if perhaps you would not. The "best practices" seem to basically be , it is out of print so make a copy and circulate it. You know this is what many universities already do and I suspect Mellon is just for cover. I did email you off list regarding why I would never trust anything headed by NYU which I know has routinely violated copyright and the specific party who has openly stated he believes academics are entitled to copies which while they might prefer to obtain legally , they are will get anyway they can. On Mon, Sep 12, 2011 at 7:36 PM, <[email protected]> wrote: > my brain hurts > > > The CBS example falls absolutely and categorically under 108. We've made > attempts to buy this film IN ANY FORMAT AVAILABLE (from the original vhs > distributor, from the producers, or from CBS) and it is not available. We > have a legally acquired VHS that's falling apart. I don't know how much > clearer a case of 108 eligibility you want, Jessica. > > Let's suppose Cinema Guild or First Run or whoever had put out a title > on VHS that you now needed on DVD. > > You're friggin' driving me nuts! If it were available for repurchase on > VHS only, that's what we'd do. If we didn't want to support that format > any longer, we wouldn't. > > I don't know how to say this any clearer. I realize that some libraries > think they can migrate formats for convenience sake...that's not what I'm > saying or what this project is all about, Jessica. The Mellon project is > trying to develop best practices and guidelines that would help libraries > avoid these kinds of operational and legal missteps. It may be that the > interpretations of 108 aren't going to be exactly your (or AIME's)cup of > tea, but they're going to be informed, good faith efforts to do the right > thing on the part of libraries. > > gary > > > >> 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. >> > > > 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.
