question on use

["Varvel, Virgil" <vvarvel@xxxxxxxxxxxxx>]

Hello,

 

I recently was given the following question, for which I could think of
several answers, but I thought it would be a good idea to see what the
people on this list had to say about it.

 

An instructor wants to use a resource that is only sold by PBS on DVD.  The
library does not have DVD players available in house, but with single copies
of the media, checking the item in and out would make availability a real
problem.  The question was whether or not the library could make a VHS copy
of the DVD for reserve use if the DVD is retained only as an archive and not
circulated.  I'm not sure if this would fall under an exemption because the
copy is made from a DVD, format is changed, and various other rules with
digital media, but even without an exemption, it would seem to be a case of
fair use in any event since they would still only be circulating one copy
made from a legally acquired original copy for use only within the library
and the VHS would be of lower quality.  This is also within a community
college so we have non-profit educational use, no negative market effect
that I see, but we still have nature and amount arguments.  Even though the
entire thing is copied, only a single copied is used within the library
though.

 

I'd be interested in other's insights into this question and perhaps any
relevant similar situation that might come to your mind.

 

Thanks,

 

Virgil Varvel

Vvarvel@xxxxxxxxxxxxx

Illinois Online Network