Transfer to video

Subject: Transfer to video
From: Deg Farrelly <DEG.FARRELLY@xxxxxxx>
Date: Wed, 17 Sep 2003 12:42:53 -0700
Ummm, not quite.

Under US Copyright law (Title 17, Chapter 1, Section 108) you can transfer
to another format if the existing technology is obsolete (generally, 3/4" is
considered an obsolete format, but 16mm is  not) OR if the item is
damaged/deteriorating (which 16mm can be)

AND

you are unable to find a UNUSED copy for a Fair price after a REASONABLE
search.


To quote the law:

"(c)  The right of reproduction under this section applies to three copies
or phonorecords of a published work duplicated solely for the purpose of
replacement of a copy or phonorecord that is damaged, deteriorating, lost,
or stolen, or if the existing format in which the work is stored has become
obsolete, if - 

          (1) the library or archives has, after a reasonable effort,
determined that an unused replacement cannot be obtained at a fair price;
and ..."


More limitations and provisions apply, but none of them call for seeking
permission first.




deg farrelly, Associate Librarian
Media/Communications Studies/Women's Studies
Arizona State University West
P.O. Box 37100
Phoenix, Arizona    85069-7100
Phone:  602.543.8522
Email:  deg@xxxxxxx

----------
> 
> Re: Transfer to video tape
> 	588 by: Jeffrey R. Galin
> 
	<<Valerie,
> 	My understanding is that your library has the right to put the tapes
> in different form if they are to be archived as part of the library
> collection.  You, however, need permission from the publisher to do so.
> I'm
> sure there are others who will have more specific advice.>>
> 
> -----Original Message-----
> From: Valerie A. Lang [mailto:langval@xxxxxxxx]
> Subject: Transfer to video tape
> 
	<<Hello,

> I have what is probably a very basic question:
> 
> We have several 16mm films from McGraw-Hill that we would like to get
> transferred to video tape.  The films or commercial video tapes are not
> available.  Are there copyright issues here if the tape will be used
> only for classroom instruction?>>
> 

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