I was thinking the same thing Sarah but in this case it would not help since she needs an entire work but again since she has permission of rights holder not really an issue.
Jessica On Wed, May 20, 2015 at 9:18 AM, Sarah E. McCleskey < [email protected]> wrote: > Hi Kathy, > > > > IMHO, that’s really just not true. There are exceptions, for example, when > breaking encryption is perfectly acceptable. > > > > See http://www.loc.gov/today/pr/2010/10-169.html Those may not be the > most up to date exceptions as the Librarian of Congress has to issue them > again every 3 years. But you get the point. > > > > Those exemptions specifically refer to DVDs, but goes to show that the > blanket statement that overriding any type of protection is a violation of > the DMCA is too broad. There are always exceptions. > > > > Additionally, the actual text of Section 1201 states “(c) Other Rights, > Etc., Not Affected.—(1) Nothing in this section shall affect rights, > remedies, limitations, or defenses to copyright infringement, including > fair use, under this title.” ( > https://www.law.cornell.edu/uscode/text/17/1201) > > > > And the thing is, you have permission from the copyright holder. I think > that trumps anything in the DMCA. > > > > Sarah > > > > > > > > *From:* [email protected] [mailto: > [email protected]] *On Behalf Of *Kathy Edwards > *Sent:* Tuesday, May 19, 2015 1:40 PM > > *To:* [email protected] > *Subject:* Re: [Videolib] Have permission to copy VHS series to DVD--but > cannot locate a copy-able tape! > > > > Good question. > > The direct quote from Head of Digital Scholarship is “Overriding any type > of copyright protection is a violation of the Digital Millennium Copyright > Act, even if doing so is not an infringement of copyright.” > > > > *From:* [email protected] [ > mailto:[email protected] > <[email protected]>] *On Behalf Of *Sarah E. McCleskey > *Sent:* Tuesday, May 19, 2015 11:46 AM > *To:* [email protected] > *Subject:* Re: [Videolib] Have permission to copy VHS series to DVD--but > cannot locate a copy-able tape! > > > > I don’t understand why overriding the copy protection would be illegal > when you have permission from the copyright holder??? > > > > Sarah > > > > > > Sarah E. McCleskey > > Head of Access Services, Film and Media > > 112 Axinn Library > > 123 Hofstra University > > Hempstead, NY 11549 > > 516-463-5076 > > [email protected] > > > > > > > > *From:* [email protected] [ > mailto:[email protected] > <[email protected]>] *On Behalf Of *Kathy Edwards > *Sent:* Tuesday, May 19, 2015 11:05 AM > *To:* [email protected] > *Subject:* [Videolib] Have permission to copy VHS series to DVD--but > cannot locate a copy-able tape! > > > > Here’s our quandary: > > Our university library owns the series Nature Perfected: The Story of the > Garden, made in 1995. It’s a six-volume set on VHS and not available on DVD > or in any other format, to the best of my knowledge. > > > > Two of our landscape architecture profs want to continue using these > tapes, but the tapes are wearing out. We sought and received permission > from the copyright owner, William Howard Adams, to transfer the content to > DVD. He even asked us to send him copies on DVD, since he only owned his > own series on videotape. > > > > Conversion went well for five of the six tapes, but volume 2 was already > too worn and stretched—the DVD was useless, as it the tape. > > > > We purchased a replacement for the VHS of volume 2 only to discover that > the tape is copy-protected—cannot be copied to DVD on any machine we own. > There is a lab on campus that may be able to bypass the copy protection, > but our Digital Scholarship librarian says “No—overriding the protection is > illegal.” > > > > So I asked Mr Adams to send us his VHS tape of volume 2, in hopes that it > could be copied (after all, copying our originals was easy—no protections > in place on those). Turns out his VHS copy is ALSO copy-protected. > > > > It’s ridiculous to be in the position of having to shop for a > non-protected copy of a tape we already own, especially since our original > copy did not present this problem. > > > > What’s the quickest/easiest solution to obtaining a legal DVD of this > volume in the series? > > Are we doing something obviously dumb and dense, that we haven’t figured > this out? In which case, please reply off-list! (Mr Adams will also be > grateful, if he gets his own DVD copy out of our efforts.) > > > > TIA, > > > > > > *Kathy Edwards* > > *Research & Collection Development Librarian* > > *Emery A. Gunnin Architecture Library* > > *Clemson University* > > *[email protected]* <[email protected]> > > *(864) 656-4289 <%28864%29%20656-4289>* > > [image: CUsigIcon] > > > > > > 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.
