Reformat from PAL to NTSC video format fair use?
- August 15, 2007 @ 8:57amls973 says:If a professor has donated a PAL format video to the library: is it fair use to reformat to NTSC format and use the copy as we would any other video, or should we obtain permission from the publisher?
Do you know of any resources that have discussion regarding reformatting from PAL to NTSC and under what conditions this might be fair use?
- August 16, 2007 @ 10:54amAFry says:I don't have time to give you a good answer right now, but I will try to find time tomorrow.
Can I logically argue that this use is fair? Probably.
Would the copyright holder agree with me? Probably not.
Do I think my argument is compelling enough to use in court? Don't know yet. I need to think about it.
- August 16, 2007 @ 11:58amls973 says:This is a case that was brought to me by the cataloging department because they want to know if they can catalog the NTSC copy if they make one. I have a strong impulse to request that they ask permission for the copy from the original publisher. I also have a strong impulse to see if I can search OCLC to see if other libraries have cataloged reformatted copies [of course I have to see if that particular tidbit could possibly be searched in the first place.]
But I am curious that there doesn't seem to be a lot of discussion about this type of copying within the context of section 108 because the problem, especially for academic libraries, has always been there -- no PAL machines, but interest in PAL videos.
- August 17, 2007 @ 7:08amAFry says:Four factors of fair use:
1. Character of use: educational. For fair use.
2. Nature of work: don't know. Depends on the video. I'll assume against fair use.
3. Amount used: 100%. Against.
4. Market use:
No NTSC version comercially available: I think you can safely argue no market effect.
NTSC version is commercially available: I still think there is no market effect, but I would expect people to disagree. The only reason the library has the video is because it was a gift. The library has previously chosen not to buy the available NTSC version. There is no reason to assume that they would buy one in the future.
I think this is a close call, but I lean towards fair use. I would expect opposition from people who see a strong market effect.
- August 17, 2007 @ 7:19amAFry says:Should you obtain permission? I don't know.
Of course if you don't accept my fair use argument, you should definitely ask for permission.
If you agree with my fair use argument but ask for permission anyway, what would you do if permission is refused?
Personally, I would not ask. However, I also wouldn't object if I was told to ask for permission. As I said, I think it's a close call.
- August 17, 2007 @ 7:41amAFry says:"If there is no NTSC copy of the video available for purchase," Yale will "sometimes make a copy." http://www.cls.yale.edu/page.asp?file=2/218
I have some serious problems with Yale's policy.
Yale repeatedly characterizes the action which entails absolutely no risk as the "best way" or "best thing to do." I do not equate "no risk" with "best."
Yale considers fair use possible only with "use of a small portion." Amount used is only one of the four factors.
I am most troubled by their entire paragraph on fair use. If I am reading it correctly, Yale recommends that faculty who have done fair use determinations ingore those fair use determinations and get permission anyway because the fair use determination may be wrong.
- August 17, 2007 @ 10:29amAFry says:
there doesn't seem to be a lot of discussion about this type of copying within the context of section 108I'm using section 107, not section 108. However, I am also suprised that there doesn't appear to be much discussion on this topic. I don't really know why, but I suspect that the agressive tactics of the MPAA, RIAA, Association of American Publishers, and Copyright Clearance Center have convinced the average person that there isn't any room for debate on this topic.
- August 17, 2007 @ 10:49amAFry says:
I also have a strong impulse to see if I can search OCLC to see if other libraries have cataloged reformatted copies [of course I have to see if that particular tidbit could possibly be searched in the first place.]I'm not a cataloger, and our cataloger is on vacation. Would a NTSC DVD that was created by converting a PAL be catalogued any differently than a NTSC DVD that was purchased? Would the copied disk be different from the original in any signifcant way? Can you catalog it? Absolutely. Can you circulate it? According to the earlier link, Yale lets you pick which version you want, but only allows one to circulate at a time. I agree with this. If you are circulating both versions at the same time, you are distributing. Although that's not necessarily illegal, I think it clearly is in this case. I hope that helps.
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