-----Original Message -- response 8-----
<snip>
Hello,
Something we have been doing is checking to see if the VHS is out of copyright or if it is not available as a DVD. You can make a copy to the DVD for the collection if you then take the VHS out of the collection.
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>From Deg Farrelly <deg.farrelly_at_asu.edu>
Subject RE: Phasing out our video collection - response to response 8
The comment in Reply 8 is not entirely true. It lacks a number of important particulars.
US Copyright law, Section 108, permits the copying of a complete video under certain circumstances. The item must meet one of these conditions: lost, damaged, stolen, deteriorating, or in an obsolete format.
Copying is permitted when an unused (new) copy is not available at a reasonable price, following a reasonable search. There is no requirement that the copied item must be taken out of the collection.
A VHS that is still available to purchase new does not meet this criteria. The Library of Congress has NOT determined VHS to be an obsolete format. Obsolescence is reached when the equipment to play the format is no longer manufactured/available in the commercial marketplace. Since VHS players are still commercially available (usually in a combo unit that includes a DVD player), the VHS format is not obsolete.
That does not address the possibility that VHS could be considered a deteriorating format, since it is an analog magnetic format.
Furthermore, since any DVD copy will be digital, provisions that prohibit the copies (DMCA permits 3) to leave the library kick in. Of course Section 108 also states that 108 does not trump Section 107 (fair use) so a library could make an argument claiming fair use permits circulation.
So overall the ability to legally copy VHS to DVD is not a simple matter. It is good to have policy and procedure documents in place before engaging in duplication processes, as well as buy-in from your legal counsel.
The Copyright Office is conducting a full day symposium on Section 108 in NYC on February 8. Details are here: www.law.columbia.edu/kernochan Perhaps I will see you there!
deg farrelly. Media Librarian
Arizona State University Libraries
Mail code 1006
Phone: 602.332.3102
Email: deg.farrelly_at_asu.edu
Received on Sat Jan 26 2013 - 03:01:47 EST