Andy (and list), Thank you! Relatedly, I've been trying to search "fair use<https://search.wikileaks.org/advanced?q=%22fair+use%22&exclude_words=&words_title_only=&words_content_only=&publication_type%5b%5d=26&sort=0#results>" in the Sony section of wikileaks, too, to get more info on the Sony perspective. If anyone else has findings related to this, please share.
Regards, Laura Laura Jenemann Media, Film Studies, and Dance Librarian George Mason University 703-993-7593 [email protected] From: [email protected] [mailto:[email protected]] On Behalf Of Andrew Horbal Sent: Tuesday, April 28, 2015 4:44 PM To: '[email protected]' Subject: [Videolib] U.S. Copyright Office Fair Use Index In a case of excellent timing, the U.S. Copyright office announced the launch of a Fair Use Index mere hours after I sent the e-mail below! Quoting from their press release, it is intended to provide "a helpful starting point for those wishing to better understand how the federal courts have applied the fair use doctrine to particular categories of works or types of use, for example, music, internet/digitization, or parody" in order "to make the principles and application of fair use more accessible and understandable to the public." Here's a direct link: http://copyright.gov/fair-use/index.html The index is searchable by court and subject matter. Great stuff! Andy From: [email protected]<mailto:[email protected]> [mailto:[email protected]] On Behalf Of Andrew Horbal Sent: Tuesday, April 28, 2015 2:04 PM To: '[email protected]' Subject: Re: [Videolib] faculty use of VHS converter Hi Jennifer, The rights and obligations available under 17 USC §108 extend only to library/archive-owned copies of works, and thus do not provide any protection or guidance to your patron, even though what they want to do is arguably analogous to the kind of uses a library or archive is entitled to engage in under § 108. § 108(f)(1) does, however, excuse your library from liability for the "the unsupervised use of reproducing equipment located on [your] premises" provided "such equipment displays a notice that the making of a copy may be subject to the copyright law." Departments I've worked for in the past have interpreted this to mean that as long as you post a copyright notice on your converter, you can allow your patron to use it for whatever fair use (this would presumably be the grounds on which they'd argue that their reproduction is allowable-I'm not aware of any other exemptions which cover this kind of activity) they want. Not being a lawyer, I have always refrained from offering counsel as to what may or may not constitute a fair use-in situations like this I generally point the person to the text of 17 USC § 107<https://www.law.cornell.edu/uscode/text/17/107>, the Center for Media & Social Impact's Codes of Best Practices in Fair Use<http://www.cmsimpact.org/fair-use/best-practices>, and advise them to contact an IP lawyer if they have additional questions or want to be sure that what they're doing is okay. Hope that helps! Andy Horbal Head of Learning Commons 1101 McKeldin Library University of Maryland College Park, MD 20742 (301) 405-9227 [email protected]<mailto:[email protected]> From: [email protected]<mailto:[email protected]> [mailto:[email protected]] On Behalf Of Jennifer DeJonghe Sent: Tuesday, April 28, 2015 9:30 AM To: [email protected]<mailto:[email protected]> Subject: [Videolib] faculty use of VHS converter Hello, I've searched the archives and have not found this exact scenario discussed.. My library has a VHS to DVD converter machine. I understand what we as a library are allowed to do under section 108 with tapes we own and store on site. But what about when faculty approach us and want to convert a VHS tape that they personally own, and that is unavailable for purchase in another format? In other words, I have a faculty member who owns a deteriorating VHS tape. It is unavailable to purchase as streaming or DVD, and we have been unable to contact the rights holder. Can we allow this instructor to make their own personal DVD copy of that VHS tape using our converter? What laws do or don't apply since we are not doing this as a "library" nor would the media be stored here? If this is allowable, do any of you make your DVD to VHS converters available to others outside of the library? (Faculty, etc) If so, do you post a copyright warning or have them sign a form stating that there are no formats available? Thanks, Jennifer Jennifer DeJonghe Reference Librarian and Associate Professor Library and Information Services Metropolitan State University St. Paul, MN
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.
