See:
http://www.copyright.gov/title17/92chap1.html#108
It basically revolves around:
1. There is no financial advantage and you have not deprived anyone of income.
2. You have made a good faith effort to obtain it through purchase and could not find it, or could not find it at a reasonable price.
3. You do not have to break/circumvent any encryption or copyright enforcement mechanisms to create the copy.
IANAL but I would recommend sending a letter to PBS (who I think aired it originally) requesting it and keep the the answer on file. In the interim make a copy and use it. Given that it is so hard to find, you may be a preservationist.
_J
____________________________
Jason at jasonpj@yahoo.com
----- Original Message ----
From: Karen Douse <douse@harpethhall.org>
To: ISED-L@LISTSERV.SYR.EDU
Sent: Tuesday, October 21, 2008 5:01:21 PM
Subject: old video and copyright
Does anyone know of a place to find old, out of production videos? I'm looking for a copy of Kiss Me, Petruchio, the video of a live performance starring Meryl Streep and Raul Julia. We have borrowed one from another library for two years now and would
like our own copy. Copyright is 1989 from Films Incorporated Video in Chicago - they are apparently out of business.
Is it permissible to copy this video if we can't find anywhere to purchase one? It somehow doesn't feel right, but since we can't find a copy to purchase, copying certainly wouldn't be infringing on anyone's income.
Any ideas or suggestions?
Thanks - Karen
Karen Douse
Director of Library and Information Services
Ann Scott Carell Library
Harpeth Hall School
615-346-0116
douse@harpethhall.org
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