to have a copy in case the original is destroyed. According to my
interpretation of copyright law, we are only allowed to make those backup circulating
copies for software, not for audiovisual, which would include DVDs and music
CDs. Check and see if your video or music producer/supplier gives you the
purchaser (school) archival rights.
Camille Atkins
Librarian
Fredericksburg Academy
Fredericksburg, VA
catkins@fredericksburgacademy.org
In a message dated 3/18/2008 12:01:22 P.M. Eastern Daylight Time,
kearney@tribcsp.com writes:
What I am talking about is making a copy of a DVD movie or CD music.
Retaining the original and circulating the copy. When the copy is
damaged as happens when circulating we destroy the damaged copy and
make a new one from the original disk. We never circulate the
original only a copy of the original.
On Mar 18, 2008, at 9:57 AM, Camille Atkins wrote:
> I have to put my 2 cents in again. Greg, you are referring to
> making an
> backup or "archival" copy. We are allowed to make archival copies
> of computer
> software, but NOT films or any type of audiovisual materials.
> Anyone else care
> to offer an opinion?
>
> Camille Atkins
> Librarian
> Fredericksburg Academy
> Fredericksburg, VA
> catkins@fredericksburgacademy.org
>
>
> In a message dated 3/18/2008 9:18:39 A.M. Eastern Daylight Time,
> kearney@tribcsp.com writes:
>
> Here is a somewhat related question. We make a copy of each DVD and
> DC
> in our collection and circulate the copy never the original. In this
> case we are not moving a copy from one format to another but rather
> are circulating backup copies in the same format. In this way when
> the
> copy is damaged we simply destroy the copy and pull out the original
> and make a new copy of it to circulate. Is such a process legal?
>
> Greg
> On Mar 18, 2008, at 6:06 AM, Patricia Moser wrote:
>> 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:
>>
>> "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 true: the original format is obsolete, "damaged, deteriorating, lost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.
>>
>> 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.
>>
>> 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."
>>
>> She goes on to discuss the legalities of putting digital copies on a
>> server.
>>
>> 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.
>>
>> My two cents worth....
>>
>> 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
>>
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