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 true: the original format is obsolete, "damaged, deteriorating, lost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
>
> [ 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=ISED-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=ISED-L
**************It's Tax Time! Get tips, forms, and advice on AOL Money &
Finance. (http://money.aol.com/tax?NCID=aolprf00030000000001)
[ 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=ISED-L
