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true: the original format is obsolete, "damaged, deteriorating, lost or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