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  • The language about libraries transferring out of print VHS to DVD for 'archival' purposes seems clear, if bizarre. The DVD copy cannot circulate. However, there is a provision that this archival copy can be copied by library patrons for their own personal use and scholarship.

    Which brings up the question- does scholarship include teaching?

    In short: Can a faculty member make a copy of an archival DVD onto their personal DVD, and then use that personal DVD in the classroom?
  • What language are you referring to? The archival exceptions for libraries in 108 do have a bizarre restriction on distribution of digital copies, but it is a restriction to the library premises and does not mention personal use or scholarship as exceptions to the limitation on digital distribution. There is such a reference to the purpose of the use in subsection (d), which allows interlibrary copying, but it should be noted that section 108 as a whole does not apply to motion pictures, audiovisual works, music or images, according to subsection 108(i). Basically, 108 allows certain copies (including those highly restricted digital copies) of textual material, but any copying of audiovisual works must be justified, if it can be justified at all, by fair use.
  • Sorry, I boneheaded that. I joined the college copyright committee last month, and was named chairman about 15 minutes into the meeting!
    I re-read the law, and the passage I referred to only refers to phonorecords, not videos. [I think.]

    Still, wouldn't a faculty member making a personal copy of an archival copy of an out of print VHS that has been converted to DVD be fair use? [Section 107]

    A teacher creating a DVD duplicate of a library's archival copy for purposes of teaching seems okay to me, because it would be used for education and wouldn't affect the market [I'm assuming no reasonably priced replacement is available]. Am I wrong here?
  • No worries; the reference to phonorecords is itself confusing, since 108 later says it does not apply to music, films or nearly anything else that might be copied onto a "phonorecord."

    In any case, I think you are right that it is fair use you are relying on here, and the case seems pretty good as long as there is no DVD version available for commercial purchase. Do you think the library should check periodically and purchase a DVD if it becomes available?

    Good luck with the copyright committee.
  • Good Luck is right.

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