Deg, It is an interesting question. For me, it is less about what the law will allow and more about whether or not the replacement (in this case the access to the content in streaming form) will fulfill needs as well as (or better than) the physical copy. For example, what if a faculty member needs to extract clips from the film? Would the streaming license allow for that? What about the need for offline access? If these are not really pressing needs, the streaming access is probably a better way to go. Personally, I think it might be worthwhile to both create a 108 copy and acquire the streaming access and would see that being supportable under 108.
mb Michael Brewer | Librarian | Head, Research & Learning | [email protected] -----Original Message----- From: [email protected] [mailto:[email protected]] On Behalf Of Deg Farrelly Sent: Wednesday, January 06, 2016 3:14 PM To: [email protected] Subject: Re: [Videolib] Promised Land This raises an interesting question.... If a due diligence search for a replacement copy under Section 108 pf US copyright does not return a hard copy available for purchase, but instead only return a streaming copy, available only for term license.... Can the library proceed with a copy made under provisions of Section 108. I have my own opinion, but will would like to hear what other librarians think. -deg farrelly Arizona State University Libraries > Kanopy has it. 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.
