Re: Copyright - copying for preservation?

[John Mitchell <john@xxxxxxxxxxxxxxxxxx>]

While I agree that the copying here is no different than reproducing a book
onto nice acid-free paper and in large print because the old fine-type cheap
paperback is dog-eared, yellowing, and falling apart, I do take issue with the
implied license comment ("and an implied license to view the contents as long
as it
works."). No one needs a license, implied or direct, to watch a movie or read
a book. Sneaking into a theater without paying is not copyright infringement.
Neither is watching a stolen infringing copy. There is no exclusive right of
non-public performance anywhere in the world that I know of. (The "licensed
for home use" language appearing on some DVDs is simply bogus, the same as my
neighbor licensing me permission to drive on our public street.)

John

(Sent from o#? mobile)

On Aug 30, 2011, at 12:13 PM, "Randal Nieuwsma" <Nieuwr@xxxxxxxxxx> wrote:

> 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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