only make a copy of a video or music CD if it is damaged (such as the =
tape is wearing out or the CD is scratched) and you made every effort to =
find another copy you could buy for "fair market value." Although I =
know several schools that make backup copies to circulate, I do not =
think that is legal under the fair use / copyright laws of today.
Renee Ramig
Seven Hills School
-----Original Message-----
From: A forum for independent school educators on behalf of Camille =
Atkins
Sent: Tue 3/18/2008 8:57 AM
To: ISED-L@LISTSERV.SYR.EDU
Subject: Re: Transferring VHS to DVD
=20
I have to put my 2 cents in again. Greg, you are referring to making =
an=20
backup or "archival" copy. We are allowed to make archival copies of =
computer=20
software, but NOT films or any type of audiovisual materials. Anyone =
else care=20
to offer an opinion?
=20
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, =20
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 =20
case we are not moving a copy from one format to another but rather =20
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 =20
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 =20
> 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 true: the original format is obsolete, "damaged, deteriorating, lost =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 =20
> copies
> would have an effect on the market. Also, one cannot argue that =20
> there is
> an urgent need to make the copies for educational purposes. Having =20
> 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 =20
> 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
>
> [ For info on ISED-L see
http://www.gds.org/ISED-L ]
> Submissions to ISED-L are released under a creative commons, =20
> attribution, non-commercial, share-alike license.
> RSS Feed,
http://listserv.syr.edu/scripts/wa.exe?RSS&L=3DISED-L
[ For info on ISED-L see http://www.gds.org/ISED-L ]
Submissions to ISED-L are released under a creative commons, =
attribution,=20
non-commercial, share-alike license.
RSS Feed,
http://listserv.syr.edu/scripts/wa.exe?RSS&L=3DISED-L
**************It's Tax Time! Get tips, forms, and advice on AOL Money &=20
Finance. (http://money.aol.com/tax?NCID=3Daolprf00030000000001)
[ For info on ISED-L see http://www.gds.org/ISED-L ]
Submissions to ISED-L are released under a creative commons, =
attribution, non-commercial, share-alike license.
RSS Feed, http://listserv.syr.edu/scripts/wa.exe?RSS&L=3DISED-L
[ For info on ISED-L see http://www.gds.org/ISED-L ]
Submissions to ISED-L are released under a creative commons, attribution, non-commercial, share-alike license.
RSS Feed, http://listserv.syr.edu/scripts/wa.exe?RSS&L=3DISED-L
