Re: Copyright - copying for preservation?

["Randal Nieuwsma" <Nieuwr@xxxxxxxxxx>]

Charles,
 (Just my opinion)
 When a person or school purchases a videotape or dvd, they become the owner
of the plastic item and an implied license to view the contents as long as it
works. What they do not acquire is the right to use it eternally. When it
wears out or breaks, it is over. In the old days of 16mm film, people were
more accepting of that concept since they could understand that replacing film
was expensive. Now that duplicating and digitizing video is easy and common,
people assume that it is legal.
 Copyright doesn't allow converting "non-library" videotape to another format
for preservation or convenience purposes, eventhough it is easy to do.
 The given reason of wanting to convert it to preserve the content of a
non-library videotape is understandable, but not clearly legal, yet. It is not
an obsolete format, yet, since it will still be a few years before you just
plain cannot get a vhs player. Also, I hope for, but am not aware of, legal
progress on Orphan Works legislation to make copying old tape legal or at
least easier.
Randy

>>> "Charles P. Wiggins" <cpwiggins@xxxxxxxxxxxxxx> 8/29/2011 11:22 AM >>>
Hello all,

I have a dean that has requested that some VHS tapes be converted to DVD to
preserve the content. Assuming that the content is no longer available in the
marketplace, I know that Section 108
(http://www.copyright.gov/title17/92chap1.html#108) allows copying and
conversion in the library setting for preservation purposes, but these are
not
library materials.  They are owned/used in the department exclusively.

Has anyone ever heard of this provision or another part of the code being
used
to copy and convert at an educational institution, but outside the library
setting?

Thanks,
Charles



Charles P. Wiggins
Director of Library Services
Isothermal Community College
P.O. Box 804
Spindale, NC 28160
828-286-3636 ext. 216

cpwiggins@xxxxxxxxxxxxxx



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