Re: [LM_NET] copyright on transferring media

[Carrie Russell <crussell@ALAWASH.ORG>]

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



Date:    Tue, 30 Sep 2008 08:58:54 -0500
From:    Donnette Mickelson <coreys@CHIBARDUN.NET>
Subject: Tar: copyright on transferring media

Our administrator has purchased a machine to transfer all of our
VHS tape to DVD. He says that he has checked it out and it
is legal because we bought the license to do that when we
bought the tape.
The media specialists in our building do not agree. We understand
that you can not transfer from one media to another if
it is still available or can be purchased in the other media. We need to
be
able to document this in print and not just our opinion. Can someone
direct us to where we can find this written? If we are mistaken
please let us know that too.
Thanks!

Donnette Mickelson
Library Media Specialist
Colfax Elementary School
Colfax, WI 54730
715-962-3676
coreys@chibardun.net
mickelson@colfax.k12.wi.us 

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