Re: Copyright - copying for preservation?

[Sandy Thatcher <sandy.thatcher@xxxxxxxxxxxxxxxxxxxx>]

Sounds like propaganda to me....


At 5:10 PM -0400 8/30/11, bholaback@xxxxxxx wrote:
> I would like to provide each of you with a copy of the Trailer of a
> Docu-Series that will be in theatres shortly regarding Copyright Infringement
> and How Hollywood...allegedly...steals..In the Name of the Law!
>
>
> http://www.youtube.com/watch?v=AKGrZfozHE4&feature=youtube_gdata_player
>
> THE NAME OF THE LAW..
>
>
>
> -----Original Message-----
> From: Kevin Smith <kevin.l.smith@xxxxxxxx>
> To: Randal Nieuwsma <Nieuwr@xxxxxxxxxx>; Charles P. Wiggins
> <cpwiggins@xxxxxxxxxxxxxx>; digital-copyright
> <digital-copyright@xxxxxxxxxxxxxx>
> Sent: Tue, Aug 30, 2011 1:24 pm
> Subject: RE: Copyright - copying for preservation?
>
>
> I can't agree with Randal that "Copyright doesn't allow converting
> non-library" videotape to another format for preservation or convenience
> urposes."  The best we can say, I think, is that the situation is not clear.
> Obviously you will not be relying on section 108 if you choose to reformat
> for
> hese purposes.  Nor can you rely on a specific "orphan works" law, as Randal
> oints out.  But section 107, fair use, may allow reformatting in some
> ircumstances.  Fair use is, we all know, highly dependent on the specific
> acts, and it is possible to imagine facts that would support a fair use
> nalysis.
> You mention the question of whether or not "the content is available in the
> arketplace."  This is a good place to start; I would not rely on fair use,
> ersonally, if a digital version of the film could be purchased.  If a digital
> ersion is not available, you could also improve the fair use argument, in my
> pinion, by taking steps to ensure that you do not make two copies available
> here previously there had been only one. Restricting the copies to clearly
> ducational purposes would also help.
> Sometimes people say that fair use never supports copying an entire work, but
> his is demonstrably untrue.  Two of the most famous Supreme Court decisions
> n fair use -- the Sony case and Campbell v. Acuff-Rose -- both involved all
> f the works in question (or nearly all, in the case of the parody of "Oh,
> retty Woman" in Campbell).  The Sony case especially, with its emphasis on
> ime and space shifting (rather than transformation), seems useful for your
> rgument.
> I can't tell you if the specific reformatting you are considering is or is
> not
> air use.  But I believe that a reasonable argument for reformatting can be
> ade in some cases.  In any case, it seems that it is fair use you would have
> o rely on; no other copyright exceptions really gets you where you want to
> e, and fair use was developed for precisely those kinds of situations.
> Kevin L. Smith, M.L.S., J.D.
> irector of Scholarly Communications
> uke University, Perkins Library
> .O. Box 90193
> urham, NC 27708
> 19-668-4451
> evin.l.smith@xxxxxxxx
>
> ----Original Message-----
> rom: Randal Nieuwsma [mailto:Nieuwr@xxxxxxxxxx]
> ent: Tuesday, August 30, 2011 12:13 PM
> o: Charles P. Wiggins; digital-copyright@xxxxxxxxxxxxxx
> ubject: Re: Copyright - copying for preservation?
> Charles,
> (Just my opinion)
> When a person or school purchases a videotape or dvd, they become the owner
> f the plastic item and an implied license to view the contents as long as it
> orks. What they do not acquire is the right to use it eternally. When it
> ears out or breaks, it is over. In the old days of 16mm film, people were
> ore accepting of that concept since they could understand that replacing film
> as expensive. Now that duplicating and digitizing video is easy and common,
> eople assume that it is legal.
> Copyright doesn't allow converting "non-library" videotape to another format
> or preservation or convenience purposes, eventhough it is easy to do.
> The given reason of wanting to convert it to preserve the content of a
> on-library videotape is understandable, but not clearly legal, yet. It is not
> n obsolete format, yet, since it will still be a few years before you just
> lain cannot get a vhs player. Also, I hope for, but am not aware of, legal
> rogress on Orphan Works legislation to make copying old tape legal or at
> east easier.
> andy
> > > >  "Charles P. Wiggins" <cpwiggins@xxxxxxxxxxxxxx> 8/29/2011 11:22 AM
> > >  >>>
> ello all,
> I have a dean that has requested that some VHS tapes be converted to DVD to
> reserve the content. Assuming that the content is no longer available in the
> arketplace, I know that Section 108
> http://www.copyright.gov/title17/92chap1.html#108) allows copying and
> onversion in the library setting for preservation purposes, but these are not
> ibrary materials.  They are owned/used in the department exclusively.
> Has anyone ever heard of this provision or another part of the code being
> used
> o copy and convert at an educational institution, but outside the library
> etting?
> Thanks,
> harles
>
> Charles P. Wiggins
> irector of Library Services
> sothermal Community College
> .O. Box 804
> pindale, NC 28160
> 28-286-3636 ext. 216
> cpwiggins@xxxxxxxxxxxxxx
>
> E-mail correspondence to and from this sender may be subject to the North
> arolina Public Records law and may be disclosed to third parties.


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Sanford G. Thatcher
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