HIT: copyright?

[Cheryl Sturgeon <csturgeo@OHIO.NET>]

Here are some of the conflicting responses I got regarding the copying of a
set of audio tapes.
I trust Carol Simpson's answers over all others however. The it turns out
that the item they were asking me to copy is NOT old and fragile , after
all, the KDG teachers just bought the set and are anticipating its demise!

Copyright for School Libraries: a Practical Guide, by Carol Mann Simpson,
p.4.4: "Owners of film, video, or audio may not make backup copies of the
works...You may use the material until it wears out or breaks...this is
called "life of tape." You have the right to use the program as long as the
tape works. When the tape wears out, it is time to buy a replacement."

 - - - -------------------------------------------------------------

I thought you could do  this as long as you keep the original in the library
and don't ciruclate it.

---------------------------------------------------------------------

I _think_ that it is permissible for a _library_ to make a replacement copy
of lost or damaged materials IF the item is not available for purchase at a
reasonable price. Therefore, your first option should be to attempt to
purchase a replacement copy. You might call the publisher of the tapes and
see if they have back stock available for sale. If the tapes are op, and not
available from an op vendor at a "reasonable" price, I believe that you may
make a replacement copy. You do, however (I think) have to remove the worn
copies from circulation once the replacement is made.
All of this is MHO, but based on a lot of reading about copyright. Try this
site:
http://www.utsystem.edu/ogc/intellectualproperty/l-fu.htm
or this one specifically for school libraries.
----------------------------------------------------------------------

You are correct.  Unless the license for the audiotapes specifically says
that you can make a backup copy, it would be a copyright infringement.  The
producer of the tapes should be contacted regarding copyright permissions.
Carol Simpson's book on copyright undoubtedly addresses this, but my copy
went 'poof' over spring break & hasn't returned.  :-(

----------------------------------------------------------------------

I think you are okay if you use the set that you make and keep the original
as archive.

----------------------------------------------------------------------

As I understand it, you may make an "archival" copy of an audio or videotape
in the event that the original is damaged.  So it sounds to me like you'd be
OK making a copy in this situation.
----------------------------------------------------------------------Cheryl
Sturgeon
Elem. Library Media Spec.
Highland Local Schools (OH)
csturgeo@ohio.net
csturgeo@highlandschools.org

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