Re: Transfer to video

[Jeff Buckley <jehobu@xxxxxxxxxxxxxxxx>]

Why should libraries at state schools even bother adhering to copyright law?  Federal copyright laws do not apply to the states according to Chavez v. Arte Publico Press, 204 F.3d 601 (5th Cir. Tex. 2000).  It seems like copyright holders have little legal recourse when states infringe their copyrights.

To make up for this, states may eventually choose to enact their own copyright laws (possibly with the assistance of The National Conference of Commissioners on Uniform State Laws).  Until then, it looks like states will enjoy sovereign immunity under the 11th amendment.

Here is what the University of Texas Office of General Counsel says about the Chavez decision, http://www.utsystem.edu/ogc/intellectualproperty/chavez.htm.

Jeff Buckley
MLIS candidate at the University of Washington Information School


On Wed, 17 Sep 2003, Deg Farrelly wrote:

> 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 to another format if the existing technology is obsolete (generally, 3/4" is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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