copyright

[Michele Missner <missnerm@ATHENET.NET>]

I posted a copyright question to lm_net yesterday and was asked to post a
Hit.  Here is the original question and the responses.  Thanks again to
all who responded.  Michele

> I received this email from one of the media specialists in my
department.
> I think that the answer is yes.  Are there mavens out there who can
> corroborate?
>
>  Question..I have a video tape from a company that is no longer in
> existence, at least weve tried calling..its now a siding company and the
> teacher has tried through the Internet.  The question is, she feels it
is
> an excellent discussion of study skills and shed like to make copies to
> send home for parents/students to view together,  can we make copies to
do
> so since we cannot buy them any longer???
>

Here are the responses:

No, unfortunately, you cannot.  The fact that you cannot locate the
company or the fact that the company no longer exists doesnt release the
item from copyright protection.
--
Sally Lantz,  Media Specialist and KidsConnect Volunteer
West Frederick Middle School
515 W. Patrick Street
Frederick, MD  21701

Just because the company that you purchased the tape from no longer exists
doesnt mean the copyright protection of the intellectual property itself
has expired. If a publishing company goes out of business, the authors
work is still his/her intellectual property. So the answer - sorry - is
no, the tape cannot be legally copies

Out-of-print or unavailable does not equal copyright-free.  Something can
be O/P for years but have a current, up-to-date copyright holder who may
not want any more copies on the market.  So, you MUST make every attempt
to find the copyright holder and get permission to copy it,whether the
tape is unavailable or not.

*********************************
Kathy Graves                  *
kgraves@sisnet.ssku.k12.ca.us *
*********************************

In the _Copyright Primer for Librarians and Educators_ by Janis
Bruwelheide, she has a section pertaining to videocassettes. It doesnt
quite ask the question you stated, but it appears that what is proposed is
in direct violation. Remember that copyrights are in effect 50 years after
the death of the author. Has that date been established? The fact that the
company selling it is not accessible doesnt mean the copyright is lost.
This book deals with a question/answer format. On page 58, question 99 is
the most similar to your situation. It involves viewing at home, AND DOES
NOT MENTION COPYING THE TAPE, only viewing it. It says copyright laws
would be infringed upon. Id say play it safe, and do not copy it.
Mary Ann Lacey, LRS
La Joya HS
La Joya TX


> Thanks, Michele
>
> Michele W. Missner,
> Program Leader for Media Services       Library Media Specialist
> Appleton Area School District           Appleton West High School
> Office phone: (414) 832-4899            610 N. Badger Ave
> Einstein Middle School                  Appleton Wi. 54914
> email:  missnerm@athenet.net            phone: (920) 832-4162-work
> (920)   730-0768 -home                   (920) 832-6239-fax
> (920)   832-4899 (media center)
> http://www.athenet.net/~westfive
>







Michele W. Missner,
Program Leader for Media Services       Library Media Specialist
Appleton Area School District           Appleton West High School
Office phone: (414) 832-4899            610 N. Badger Ave
Einstein Middle School                  Appleton Wi. 54914
email:  missnerm@athenet.net            phone: (920) 832-4162-work
(920)   730-0768 -home                   (920) 832-6239-fax
(920)   832-4899 (media center)
http://www.athenet.net/~westfive

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-==-=
All postings to LM_NET are protected under copyright law.
 To quit LM_NET (or set-reset NOMAIL or DIGEST), send email to:
   listserv@listserv.syr.edu          In the message write EITHER:
    1) SIGNOFF LM_NET 2) SET LM_NET NOMAIL or 3) SET LM_NET DIGEST
 4) SET LM_NET MAIL  * Please allow for confirmation from Listserv
 For LM_NET Help & Archives see:  http://ericir.syr.edu/lm_net/
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=--=-=-=