Re: Video Tape to Hard Disk

On Wed, Oct 28, 1998, Carol Simpson <csimpson[_at_]tenet.edu> wrote:
>
> Shelly Warwick <swarwick[_at_]sprynet.com> wrote:
> >
> > if the video was bought by a library it would have the right to make a
> > preservation copy of the video...
>
> I understand the ability to repair/preserve a deteriorating copy, but
> this implies that a "backup" copy is OK. I thought that backup copies
> were only acceptable for computer software. Have I misinterpreted?

Some issues seem to have blurred in this discussion -- back up copies and archival copies and Library, Library Archives, and Archives.

Circular R21. Reproduction of Copyrighted Works by Educators and Librarians clarified this.

Circular R21. Section D. Reproduction by Libraries and Archives

Section 108 (a) (1-3) [states] "when it is not an infringement of copyright for a library or archives to reproduce no more than one copy or phonorecord of a work.

Section 108 (h) states: "The rights of reproduction and distribution ... do not apply to a musical work, a pictorial, graphic or sculptural work, or a motion picture or other audiovisual work other than an audiovisual work dealing with news..."

Another point that has added to the confusion in this discussion is a blurring of Library and Archives by referring to the Library's right to make an archival copy. I remember from the distant past (correctly or incorrectly) that a Library had to apply to the Library of Congress if it wanted to be designated as an Archival Library because of the acquisition of a collection, say of 33 1/3 rpm records, and they were the only copies available in a region, library, etc. That archival designation, I believe, would relate only to the preservation and sharing of the special collection of fragile materials.

In summary, based on Circular R21 it appears that a Library does not have the right to make a archival or back up copy of an audiovisual (16mm, video, etc) and use the copy for general circulation. This in no way is meant to limit the research copy made in a single or nonrelated instance for the person doing research.

I would be interested to learn if Circular R21 has been superceeded and a new interpretation is in effect.

Another issue related to the above discussion is that "the first sale doctrine does not apply to videocassettes [are audio cassettes, audio cd's, 16mm film, laser disks also included?] thus retaining the copyright control remains with the originator. (Scholtz, Developing & Maintaining Video Collections in Libraries, p140)

Jeanne Gardner, Director
Library
Pueblo Community College
<jeanne.gardner[_at_]pcc.cccoes.edu> Received on Thu Oct 29 1998 - 17:22:21 GMT