RE: digital-copyright Digest 18 Feb 2010 16:00:01 -0000 Issue 969

["Marvin, Stephen" <SMarvin@xxxxxxxxx>]

There is very specific wording regarding transfer from VHS to DVD.

You can do it if, and only if, the DVD is viewed IN THE LIBRARY.
I'm afraid converting VHS to DVD for classroom use is not legal.

Section 110 of the Copyright law is clearly governing this outcome.

Here is an exchange from an American Library Association wiki

http://wikis.ala.org/professionaltips/index.php/VHS_to_DVD%3F

VHS to DVD?
>From Professionaltips

Q. With the increased use of DVD systems it has been suggested we convert our
VHS library of educational videos in VHS format to DVD. Is it a copyright
violation to convert to DVD and discontinue use of the VHS tapes?

A. Yes, in most cases. Reproducing a VHS to DVD without the prior permission
of the rights-holder is an infringement of copyright. This kind of
reproduction is not exempt because it is not "fair use" as defined in Section
107 of the Copyright Code (see Fair Use) and it does not qualify as a lawful
reproduction under Section 108 of the Copyright Code (see Making Digital
Copies).

However, in a situation where the VHS tape is lost, stolen or deteriorating or
is in an obsolete format (a 3/4" tape is obsolete because the equipment is no
longer being sold, but a VHS tape is not obsolete) and is not available in the
DVD format in the market for a reasonable cost, the library can make a
reproduction. But if the reproduction is in a digital format (DVD is digital),
then that copy cannot leave the library premises.


Stephen Marvin
610-436-1068


[Posted on behalf of Christine Salmon at University of Texas at Dallas.
Please reply to the list or to christine.salmon@xxxxxxxxxxxxx]

=====
Hello,

We have had several professors request our media services to make DVD copie= s
of VHS tapes that either belong to the university library or to their own
private collection. Our librarians are searching for DVD copies of the VHS
tapes that are in the library=B9s collection and they even research for video=
s from faculty private collection. When the DVD version cannot be found, the
faculty come to us.

What would your recommendations be =AD could we claim Fair Use and make one
DVD copy for classroom use? What about the professor who gets a VHS from
Interlibrary Loan? I know we won=B9t do videos from Blockbuster, etc.

Any help is greatly appreciated.

Christine

Christine Salmon, PhD
Office of Educational Enhancement
Division of the Executive Vice President and Provost University of Texas at
Dallas 800 West Campbell Road, HH20 Richardson, TX 75080-3021 Office -
972.883.6965 Fax - 972.883.6961 christine.salmon@xxxxxxxxxxxx =====

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End of digital-copyright Digest
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