I would suggest that the reformatting is covered by Section 108. As far as having/making/keeping the copies at all, I think the main thing is to consider the social benefit in relation to the potential harm to the copyright holder or market for the work. Since there really is no market (the content is not being actively exploited commercially), I see this as a pretty easy call (as fair use), especially if you can be fairly certain that the use of the content will be for non-profit educational and research/scholarly purposes.
108 does require you not circulate the digital/DVD content to the public outside the library (though there is some debate on whether or not use in the classroom constitutes a circulation to the public). Personally, I think the reformatting (or the circulation to the classroom or for other educational/research purposes) would also fall under fair use. Either way, it would be a good idea for you to document your thinking/rationale should you decide to do this reformatting. mb Michael Brewer | Librarian | Team Leader for Instructional Services From: [email protected] [mailto:[email protected]] On Behalf Of Windsor, Matthew Sent: Thursday, July 25, 2013 11:22 AM To: [email protected] Subject: Re: [Videolib] captured news video on vhs: worth transferring to dvd? The Sony time shift ruling might cover the works as long as they were not digitized or publicly shown. The court ruling did state the videos could be shared for personal use as covered by fair use. (As long as the collection was not a systematic, deliberate attempt to archive a series of copyright events as a whole)...a lot of variables on this. Matthew Matthew Windsor Systems and Media Services Librarian Hendrix College Sent from my iPhone On Jul 25, 2013, at 12:57 PM, "Jeanne Little" <[email protected]<mailto:[email protected]>> wrote: I would question the legality and possible copyright infringement on maintaining videos recorded off of television, even if they were kept in-house and not circulated outside of the Library. I know from dealing with PBS in the past, that they have a time-limit on the length of time you may retain a recorded program from their station for educational use, unless they held all of the copyright for the program. I would suspect that stations such as NBC, CBS, etc. would not be amendable to these titles being taped and retained for public consumption. Just my two cents... Jeanne Little Rod Library University of Northern Iowa On Thu, Jul 25, 2013 at 10:50 AM, Maureen Tripp <[email protected]<mailto:[email protected]>> wrote: From about 1981 to 2001 my media department routinely recorded news off-air—not regular broadcasts, but coverage of events like inaugurations, presidential debates, Democratic and Republican national conventions, state of the union addresses, as well as special events we considered newsworthy, like Saddam Hussein and Dan Rather, and Nixon on Meet the Press. These recordings are on VHS. A lot of this material, like coverage of 9/11, is on youtube. I wonder, though, if it is worth transferring our vhs material to dvd? Might stuff on youtube go away at some point? I also wonder about the ethics of doing this. We would keep these DVDs for inhouse viewing only. I’d really appreciate your thoughts— 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. -- Rod Library - Room 250 Collection Management & Special Services University of Northern Iowa Cedar Falls, IA 50613-3675 319-273-7255 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.
