tape is using any sort of copy protection, typically Macrovision,
bypassing that protection is a DMCA violation, regardless of "fair use"
rights. This is what got "DVD-Jon" in trouble for bypassing DVD's
pathetic CSS encryption routines, just so he could play a DVD on Linux.
Steven
---
Steven Dickenson <sdickenson@keyschool.org>
Computer Network Manager
The Key School, Annapolis Maryland
> -----Original Message-----
> From: A forum for independent school educators [mailto:ISED-
> L@LISTSERV.SYR.EDU] On Behalf Of Patricia Moser
> Sent: Tuesday, March 18, 2008 8:07 AM
> To: ISED-L@LISTSERV.SYR.EDU
> Subject: Transferring VHS to DVD
>=20
> Carrie Russell has a good discussion about the legalities of
> transferring videos to DVD in "School Library Journal", Jan. 2005.
> Here's a quote from the article:
>=20
> "ACCORDING TO SECTION 108, RFPLACING ONE FORMAT WITH another by making
> a
> copy can be done without permission only if the following conditions
> are
> true: the original format is obsolete, "damaged, deteriorating, lost
or
> stolen," and you cannot locate a copy in the new format (DVD) in the
> market for a "fair price" after a "reasonable search"; also, if you
> transfer the work to a digital format, the new copy may not leave the
> library premises.
>=20
> The video format is obviously not obsolete. It's also likely that some
> of the titles you wish to transfer may be purchased as DVDs. Even if
> you
> store the VHS copies in an archive or destroy them, the law says you
> still cannot make DVD copies.
>=20
> It would be hard to argue fair use because it's clear that making
> copies
> would have an effect on the market. Also, one cannot argue that there
> is
> an urgent need to make the copies for educational purposes. Having
said
> all of that, the law does allow that copies can be made from analog to
> digital formats under certain conditions for public display or
> performance in the "digital" classroom."
>=20
> She goes on to discuss the legalities of putting digital copies on a
> server.
>=20
> In short, it's a complicated issue with many of the experts
disagreeing
> over the nuance of the law. My belief is that if you want a video in
> DVD format, you need to see if it is available for purchase before you
> think about making a copy. If you are going to make a copy because you
> cannot buy it in DVD, then a teacher must have requested it for use
> first. You cannot anticipate the request.
>=20
> My two cents worth....
>=20
> Patt Moser
> Director of Information Services and Upper School Librarian
> Sidwell Friends School
> 3825 Wisconsin Ave. NW
> Washington DC 20016
> moserp@sidwell.edu
> Office: 202-537-8164
> Mobile: 202-595-4941
> www.sidwell.edu
>=20
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