Re: [LM_NET] Copyright - obsolete (filmstrips?)

[Carrie Russell <crussell@ALAWASH.ORG>]

Sharron:

Are filmstrips obsolete?  Section 108 says:

"For purposes of this subsection, a format shall be considered obsolete
if the machine or device necessary to render perceptible a work stored
in that format is no longer manufactured or is no longer reasonably
available in the commercial marketplace." 

You say that you can find filmstrip players available on e-Bay or other
shopping sites. If you wanted to be on the safe side (not that there is
a huge risk of getting sued), then you would be inclined to think that
filmstrip players are not yet obsolete.  On the other hand, what did
Congress mean by the "commercial marketplace?" Could it be argued that
the commercial marketplace does not include "secondary markets" (e-bay,
the neighborhood garage sale, etc).  After all, the original
manufacturer of the filmstrip players are not making any more money on
used filmstrip players sold by others. Are filmstrips still being sold? 

These are questions to ponder, but perhaps more importantly, you could
make a good argument that copying some of the slides of the filmstrip
for classroom use is a fair use.    

-Carrie Russell

-----Original Message-----
From: Sharron McElmeel [mailto:mcelmeel@mcelmeel.com] 
Sent: Tuesday, September 30, 2008 10:06 PM
To: Carrie Russell
Cc: LM_NET@LISTSERV.SYR.EDU
Subject: Gen: Copyright - obsolete (filmstrips?)

Which begs the question.  I have a number of filmstrips that I would
like to utilize as ppt -- are filmstrips considered obsolete?
Sharron McElmeel


>This is a frequent copyright question.  In general, Donnette, you and
>your colleagues are right -it is an infringement to transfer a VHS copy
>to the DVD format - not because you are tranferring but because you are
>making a reproduction.
>
>Exceptions to the reproduction right are found in Section 108 (find
text
>of law at www.copyright.gov)
>(see subsection D)
>
>The law does not outright "say" that you cannot make copies to new
>formats - instead it says that you cannot make replacement copies
unless
>you cannot find and buy the title in the marketplace. In other words,
>you cannot even make a copy when your own copy is damaged unless you
>look in the marketplace for another copy to purchase first.  (There are
>further details about obsolete formats but VHS is not obsolete and you
>would still have to check for a copy to buy.
>
>It's possible that a license was negotiated at the point of sale (for
>the VHSs) that allowed for a replacement copy.  But did the license say
>replacement copies in another format?  (Here the license is may be more
>specific than the copyright law).
>
>The TEACH Act is not at all helpful here.
>
>Hope this helps!
>
>Carrie Russell,  Copyright Specialist and
>   Director, Program on Public Access to Information
>ALA Washington Office
>Office for Information Technology Policy
>1615 New Hampshire Avenue NW First Floor
>Washington, DC 20009
>crussell@alawash.org
>800.941-8478
>202.628.8410
>
>
>

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