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 true: the original format is obsolete, "damaged, deteriorating, lost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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