Please use the Section 108 Spinner. It walks you through all of this and can provide you with a document that shows you've complied with the law (base on how you've responded to the tool).
http://www.librarycopyright.net/resources/spinner/ Other copyright tools are here: http://www.librarycopyright.net/resources/ mb Michael Brewer | Librarian | Team Leader for Instructional Services -----Original Message----- From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Deg Farrelly Sent: Wednesday, February 12, 2014 12:40 PM To: videolib@lists.berkeley.edu Subject: Re: [Videolib] PBS Program Rhonda You do not need to contact anyone to request permission to copy your VHS to DVD, provided: You meet the conditions of Section 108 of US Copyright law. http://www.copyright.gov/title17/92chap1.html#108 1. Legally acquired copy (of course) 2. Lost, damaged, stolen, deteriorating, or obsolete format 3. UNUSED copy unavailable for purchase 4. At a reasonable price 5. After a reasonable search While VHS is not yet an obsolete format (obsolescence being defined as players still available in the marketplace), you can make a claim that it is * deteriorating * Research by Walter Fosberg for the Video at Risk grant clearly established that most VHS tape is deteriorating. He presented this information at a National Media Market session in November (Hint: a strong reason to attend the National Media Market is the professional development sessions). And I understand that a journal article publishing the study is due sometime this year. Copyright does not define "reasonable". But it appears you have already tried to find a replacement. If you could find a new VHS recording you could not apply Section 108. Copyright also allows you to make up to 3 copies if digital (DVD is digital) One limitation of Section 108 is that it prohibits use of the copies outside of the library. But Section 108 says that nothing in 108 precludes Section 107 (Fair Use) Some media librarians maintain that if the original material was acquired for the intent of classroom use/circulation, then a Fair Use claim may be made to allow ONE of the 3 copies to be used in that manner. Personally, I would only allow one copy to be used in any manner. And, I would not dispose of the VHS tape, but put it in storage. Hope this information in useful. deg farrelly, ShareStream Administrator/Media Librarian Arizona State University Libraries Hayden Library C1H1 P.O. Box 871006 Tempe, Arizona 85287-1006 Phone: 602.332.3103 >Date: Wed, 12 Feb 2014 09:42:37 -0500 >From: Rhonda Pancoe <rpan...@colgate.edu> > >I have been trying to find a DVD copy of the 1999 Frontline documentary >*The Triumph of Evil *to upgrade our VHS copy but I'm beginning to >think it doesn't exist. Does anybody know whom I can contact to ask >permission to copy our VHS to DVD to preserve it or am I crazy to think >that's possible? > >Rhonda Pancoe >Media Acquisitions Coordinator >Colgate University >13 Oak Drive >Hamilton, NY 13346 >315-228-7858 Phone >315-228-6227 Fax >rpan...@colgate.edu 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.
