Really Deg, 108 says a library can make a copy of ANYTHING a researcher asks for ? Gosh why do we even bother to argue. I had no idea it said it that clearly with no restrictions. Perhaps you might explain the various references to the copy for the researcher ( Not talking replacement or preservation) being done if no other copy is available and I realize for some reason we have never discussed section I of 108 which states
i) The rights of reproduction and distribution under this section do not apply to a musical work, a pictorial, graphic or sculptural work, or a motion picture or other audiovisual work other than an audiovisual work dealing with news, except that no such limitation shall apply with respect to rights granted by subsections (b), (c), and (h), or with respect to pictorial or graphic works published as illustrations, diagrams, or similar adjuncts to works of which copies are reproduced or distributed in accordance with subsections (d) and (e). Um how does that not mean you can copy a film? Films are specifically excluded except for unpublished work and preservation copies which have their own rules. I note there is a part of 108 study group which says this as well so no you it is NOT the law that you can simply make a copy of a Video/DVD etc in your collection and give it to a researcher. On Fri, Feb 15, 2013 at 3:26 PM, Deg Farrelly <[email protected]> wrote: > My apologies, I referred to the 15th page of the PDF file, which is page > v. of the report. > > The direct quote to which I refer, that appears on item 5 of the > Preservation and Replacement Exceptions Recommendations by the Section 108 > Work Group Report, and that I quoted earlier, is this: > > 5. The prohibition on off-site lending of digital replacement copies > should > be modified so that if the library¹s or archives¹ original copy of a work > is > in a physical digital medium that can lawfully be lent off-site, then it > may > also lend for off-site use any replacement copy reproduced in the same or > equivalent physical digital medium, with technological protection mea- > sures equivalent to those applied to the original (if any). > > > > As for your closing question: > > <Just to clarify, is it your position that a library can make a copy and > <loan of ANYTHING it its collection ,book, DVD etc?... > > This not my "position"Š. This is U.S. Copyright Law, provided the other > provisions of Section 108 are met. > > (The provision to loan is a recommended change to the law from the study > group) > > -deg > > deg farrelly, Media Librarian > Arizona State University Libraries > Hayden Library C1H1 > P.O. Box 871006 > Tempe, Arizona 85287-1006 > Phone: 602.332.3103 > > > --- I'm attending the National Media Market, November 3-7, 2013 > in Charleston, South Carolina. See you there? --- > > > > > > > > > > > On 2/15/13 12:26 PM, "[email protected]" > <[email protected]> wrote: > > >Sorry I missed your reference to to page 15 but I am still utterly > >confused > >re a direct quote. You wrote "Those > >recommendations also include increasing the number of copies that can be > >made, and permitting loan of a copy of something that was originally > >purchased to be loaned" which is confusing to say the least. > > > >The closest thing I can find on page 15 to match is "Those exceptions > >permit them, under certain conditions, to reproduce and distribute > >lawfully > >acquired copyrighted works for specified purposes, where such activities > >can be conducted without material harm to the legitimate interests of > >rights holders" Needless to say there is a little debate about what might > >case material harm to the legitimate interests of rights holders when some > >suggest one should just be able to copy and supply potentially any item in > >the collection for "research" or whatever. > > > >Just to clarify, is it your position that a library can make a copy and > >loan of ANYTHING it its collection ,book, DVD etc? Only out of print books > >& films? Does this include material transferred from analog to digital? > >Should any attempt be made to contact the rights holder? Again the > >statement above re permitted to loan any item that was purchased to loan > >is > >insanely vague and would cover all but unpublished material so could you > >clarify your view? > > > 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. >
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.
