RE: duplicating obsolete VHS tapes to DVD format

with the usual disclaimer of "I'm not a lawyer" here are policy/procedures we've developed at my institution (based on others'), as we interpret section 108 of the copyright law. Others, of course, may read the law differently! -Jeff Rehbach
Library & Information Services Policy Advisor, Middlebury College

1. We are only allowed, legally, to convert formats if we find, after reasonable effort, that the item is unavailable for new purchase (i.e., used copies available for sale do not count).
2. If the item is not available for purchase, we may create digital copies (DVD or CD). On these preservation copies, we will include copyright and use notices as follows:

For DVDs:

· "This work may be protected by copyright law. Uses may be allowed with permission from the rightsholder, or if the copyright on the work has expired, or if the use is 'fair use' or within another exemption. The user of this work is responsible for determining lawful uses."

· "Produced by Middlebury College Library and Information Services on [MONTH, YEAR] for preservation purposes authorized by 17 USC § 108 of United States copyright law. May not be distributed outside the premises of the Library."
 

When creating a new DVD copy, we will include the entire contents of the original video, including (especially) any copyright notices preceding or following the main body of the film.  

For CDs:

· the original copyright statement found on the container or other accompanying material, or, in it's place if there is no such statement: "The work from which this copy was made did not include a formal copyright notice. This work may be protected by copyright law. Uses may be allowed with permission from the rightsholder, or if the copyright on the work has expired, or if the use is 'fair use' or within another exemption."

· In all cases: "The user of this work is responsible for determining lawful uses."

· In all cases: "Produced by Middlebury College Library and Information Services on [MONTH, YEAR] for preservation purposes authorized by 17 USC § 108 of United States copyright law. May not be distributed outside the premises of the Library."
 

3) Preservation & Processing will co-ordinate the duplication of deteriorating AV materials. For particularly valuable resources, we may create up to 3 preservation copies.  

4) Usually, we will retain the original and continue to circulate it. However, this decision will be made on a case-by-case basis depending on value and rarity, and originals may be kept and circulated, kept and placed in a master copy collection, or discarded.  

5) DVDs and CDs created for preservation purposes can not circulate outside the library, but the original retains its distribution and circulation rights.  

6) DVDs and CDs created for preservation purposes can not be loaned via ILL, but the original again retains its distribution and circulation rights.

From: CNI-COPYRIGHT -- Copyright & Intellectual Property [mailto:CNI-COPYRIGHT[_at_]cni.org] On Behalf Of G Norona Jr Sent: Tuesday, June 27, 2006 5:01 PM
To: CNI-COPYRIGHT -- Copyright & Intellectual Property Subject: [CNI-(C)] duplicating obsolete VHS tapes to DVD format

Hello, our university is faced with situations which we hope members of the listserv will help answer. Technological changes in equipment have made old VHS instructional tapes obsolete so that they do not function well in the new updated Smart Classrooms at our university, raising new situations which may or may not involve copyright law.  

1. First, is the university protected by copyright law if it reproduces the VHS tapes to DVD format in order to replace the obsolete VHS tapes, and
2. Second, in reproducing the obsolete VHS tapes to DVDs while leaving the content intact, is the university protected by copyright law if it decides to destroy the VHS tapes after duplicating and replacing them in the library's collection.

Looking forward to hearing from CNI listserv members. Thanks in advance.  

Socorro Maria Pelayo
Reference & Instruction Librarian Received on Thu Jun 29 2006 - 04:24:58 GMT