I happen to agree with Terry and deg except for this: "Copyright law has shifted far far to the side of protections for content creators."
That's just not true and Jo Ann, this would also be an example of misinformation. Access has never been cheaper (anyone remember $2000 for a 16mm *lease*?) because of the Sony decision, easier to acquire and project, and frankly, so much of it is online for free illegally (and here I agree with Jessica -- being used by some educators) that you may *say* that the laws and court decisions have been in favor of the content creators, but in practice, the copyright holders have never had less power than we do now. Twenty years ago, film clips in documentaries were practically never based on fair use. Thanks to Mark Rappaport and Thom Andersen among others, it's widely accepted now. Here's a test. How many of you have watched a David Bowie video this week that wasn't put up by the copyright owner? (Me too.) Every time I take an illegal upload of one of Milestone's copyrighted films down from YouTube, there have already been thousands of viewers and ten more copies pop up in its place. Same for other sites as well including Vimeo and yes, even Archive.org. And let's face it, most of the copyright laws after the Sonny Bono act in 1998 have been in favor of education. My true belief is that the lack of funding for media in education by the government and by your institutions has made the content owners the scapegoat. There! I said it. ;-) Best regards, Dennis Doros Milestone Film & Video PO Box 128 / Harrington Park, NJ 07640 Phone: 201-767-3117 / Fax: 201-767-3035 / Email: [email protected] JOIN OUR MAILING LIST TODAY! <http://milestonefilms.us3.list-manage1.com/subscribe/post?u=4a0b9e434a9f3e8603c29806e&id=f30d1906e2> Support us on Facebook <http://www.facebook.com/pages/Milestone-Film/22348485426> and Twitter <https://twitter.com/#!/MilestoneFilms>! On Wed, Jan 13, 2016 at 8:15 AM, Simpkins, Terry W. <[email protected] > wrote: > Greetings, everyone > I second this interpretation by Deg. There is nothing in 108 that > specifies a film must "already be in the collection" (if that were the > case, then already in the collection since... when?). There is so much > misinformation about this stuff, especially, at times, from certain > quarters on this list, that it is important to look at what the law > actually says. 108 says nothing about libraries having to hold copies of > an obsolete format for some specified period of time before invoking 108, > nor does it say the library had to have purchased the item now considered > obsolete in new condition. I don't even think this is a particularly > unusual situation. > > If anyone can point out the actual text of the law, or a court case that > established this as an interpretation, that says otherwise, it would be > news to me and I'd be grateful to learn about it. > > I'm all for telling faculty when something can't be done, but not for > erecting imaginary and unnecessary barriers to their work. Copyright law > has shifted far far to the side of protections for content creators. Let's > not make our lives as librarians and educators even more difficult through > timidity, as Deg rightly says, or self-imposed restrictions with no basis > in law. > > Terry Simpkins > Director, Discovery & Access Services > Middlebury College > Middlebury VT 05653 > 892-443-5045 > > > On Jan 13, 2016, at 3:12 AM, Deg Farrelly <[email protected]> wrote: > > > > I wholeheartedly disagree. > > > > There are 2 issues here: obtaining a video to meet a faculty member's > need and applying section 108 to make a copy of that video. > > > > After diligently looking, it's been determined that the only sources for > this video are used VHS. > > > > If the library purchases a video for its collection, even if it is used, > it is a legally acquired copy. Most of us, I'd wager, have done that at > some point.... > > > > The law provides for the legal duplication of a legally acquired copy. > > > > Since the video, now in the library's collection is VHS, and cannot be > replaced with a new copy in any format, the library can apply Section 108 > to make up to 3 copies. > > > > The argument is not that VHS is obsolete, but that the format is > deteriorating. > > > > The law does not require tracking down the copyright holder(s) and > asking for permission. > > > > Painting this question as a matter of librarians or faculty wanting > everything is a broad overstatement. > > > > Is this unusual? Yes. Is this a blatant attempt to cheat a system? > Hardly. > > > > The law lays out specific protections for libraries and too many > librarians for whatever purpose are too timid in asserting the rights that > law has provided. > > > > deg farrelly, Media Librarian/streaming Video Administrator > > Arizona State University Libraries > > > > > >> Actually not. 108 is for replacement copies already in a collection and > >> Lorraine's school never had a copy. The idea that one would purchase a > used > >> VHS the supposedly "dead" format for the express purpose of making a > DVD is > >> not what the law says. > >> > >> In general this just goes to the issue that not every film ever made is > >> going to be available and sometimes instructors will have to find > something > >> else > >> > > > > <snip> > > > >> I have a faculty that wants to screen Native Son, 1986 w/ Oprah Winfrey. > >> As far as I can see ONLY a VHS exists. My first Q is, if we do not have > >> players in the classroom, and I am not seeing any copy of this on DVD, > are > >> we SOL? > >> > >> My only other option is to purchase the VHS and have her screen in the > >> library (we do have VHS players). In terms of Fair Use checklist, if we > >> have a VHS, that is my only option, correct? > >> > >> Btw, all the VHS copies are used; which could be fine. > >> > >> Your advice is appreciated. > > > > 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.
