Yes but there is a distinction to be made for copyright purposes between
formats that are “obsolete” and formats that are damaged or deteriorating. See
https://www.law.cornell.edu/uscode/text/17/108
Also, and I’m quoting deg here, where he was talking about Forsberg and Howard
Besser and Piil’s work on Video at Risk. And it seems to me that if VHS tapes
are deteriorating, certainly old cassettes are too.
Quote from deg farrelly:
Forsberg along with Howard Besser presented on his research at the 2013
National Media Market in the session "Video at Risk: Strategies for Preserving
Commercial Video Collections in Research Libraries". But now the research in
all it's fine detail is available.
Since "deterioration" is one of the factors that libraries can use to invoke
duplication provisions of Section 108 of copyright law, this research is a
critical addition to the professional literature.
Citation:
Forsberg, W. & Piil, E. (2014). Tune in, turn on, drop out. In S.
Hastings (Ed.) Annual Review of Cultural Heritage
Informatics (pp.213-242). Lanham: Rowman & Littlefield Publishers.
Abstract from the publication:
"Analog videotape, an imperfect moving image technology format since its
introduction, is reaching the end of its life cycle. However, large quantities
of out-of-print and irreplaceable VHS titles still comprise significant
portions of library and archival collections and circulations.
Given the need to preserve this content, this study investigates the use of the
"dropout"; metric (counts of disruptions in the video signal) for determining
whether libraries and archives can invoke their rights of
reproduc- tion under the United States Copyright Act. Videotape technology and
deterioration problems are explained and prior deterioration studies are
reviewed. Dropout tests of four pairs of commercially produced VHS titles are
conducted and relationships between videotape deterioration as measured by
dropout counts, circulation statistics, and manufacturing quality control
standards are evaluated. Offering noninvasive evidence of videotape
deterioration, quantified dropout counts appear to provide libraries and
archives with an objective measure to meet the vague "deterioration"; standard
of the Copyright Act." /quote
From: [email protected]
[mailto:[email protected]] On Behalf Of Jessica Rosner
Sent: Tuesday, June 09, 2015 11:55 AM
To: [email protected]
Subject: Re: [Videolib] The music industry's cassette comeback
No it is not based on judgement. The copyright law very clearly states that a
format can only be determined as "obsolete" if the equipement to show it is no
longer being made/ available
I am not sure how much clearer it could be.
The above applies to copyrighted materials so not sure how things like research
material would be effected
On Tue, Jun 9, 2015 at 11:47 AM, Moshiri, Farhad
<[email protected]<mailto:[email protected]>> wrote:
Thanks for all your feedback. I gather there is no “Official” / “Legal” agency
to declare a format obsolete. It’s all based on our judgment.
Farhad
From:
[email protected]<mailto:[email protected]>
[mailto:[email protected]<mailto:[email protected]>]
On Behalf Of Dylan McGinty
Sent: Tuesday, June 09, 2015 10:31 AM
To: [email protected]<mailto:[email protected]>
Subject: [Videolib] The music industry's cassette comeback
http://www.marketplace.org/topics/business/music-industrys-cassette-comeback
From:
[email protected]<mailto:[email protected]>
[mailto:[email protected]] On Behalf Of Jessica Rosner
Sent: Tuesday, June 09, 2015 11:29 AM
To: [email protected]<mailto:[email protected]>
Subject: Re: [Videolib] obsolete formats
Take a look at Amazon, they are clearly very widely available. I can imagine
other formats that might be more complicated but here they are easily available
directly from Amazon( and I suspect many other places) no issue of having to
get them from overseas. Most electronics are made outside the US but that would
the same with DVD or blu ray player
http://www.amazon.com/s/ref=nb_sb_noss_1?url=search-alias%3Daps&field-keywords=cassette+players
On Tue, Jun 9, 2015 at 11:24 AM, Moshiri, Farhad
<[email protected]<mailto:[email protected]>> wrote:
Thanks Jessica. But is there an official/legal declaration? This criteria of
availability in the market or still being manufactured is a very subjective and
loose criteria in today’s market when you can buy an equipment from any part of
the world with a click. I’m sure there are many countries still making, selling
and using cassette players that one can buy here even if nobody makes it in
this country anymore.
Farhad
From:
[email protected]<mailto:[email protected]>
[mailto:[email protected]<mailto:[email protected]>]
On Behalf Of Jessica Rosner
Sent: Tuesday, June 09, 2015 10:07 AM
To: [email protected]<mailto:[email protected]>
Subject: Re: [Videolib] obsolete formats
Too lazy to look up the exact wording but the law says can be considered
obsolete if the equipment needed to play it is no longer available ( it may say
manufactured )
I just checked on Amazon and oddly there are tons of brand new cassette players
available in a variety of types.
Jessica
On Tue, Jun 9, 2015 at 10:56 AM, Moshiri, Farhad
<[email protected]<mailto:[email protected]>> wrote:
How can we know a format is considered obsolete by law? Is there a government
agency that declare this officially? I know VHS tapes are not yet considered
obsolete. But what about audio cassette tapes?
Farhad Moshiri, MLS
Audiovisual Librarian
University of the Incarnate Word
J.E. & L.E. Mabee Library
4301 Broadway – CPO 297
San Antonio, TX 78209
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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.
--
Jessica Rosner
Media Consultant
224-545-3897<tel:224-545-3897> (cell)
212-627-1785<tel:212-627-1785> (land line)
[email protected]<mailto:[email protected]>
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.
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.
