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Thanks to everyone who responded. Here's my query with your answers following -- I recently rejoined LM_NET after a long absence. I'm sure this question has been covered, but I beg your indulgence. My tech director just purchased a Roxio Easy VHS to DVD converter. He wants to transfer all of the library's VHS tapes to DVD, and then destroy the original VHS tapes. In the spirit of educational fair use, can he do this? Is this a copyright violation? -- YES! This is a copyright violation! Copying "defunct technology" onto a newer format is acceptable fair use. VHS is not yet considered obsolete. In fact, materials can be purchased on VHS. Further--if the material IS AVAILABLE for purchase on DVD, there is an obligation to update the material. In short--copy filmstrips/16mm films? Yes! Copy VHS? No! There are a lot of other intricacies, but this is the blanket answer to your question. He cannot, unless the program is no longer available for purchase, in any format. Generally, this is not ok. Sometimes rights will be purchased in perpetuity. This allows for transfer between mediums, but most rights are for the life of the medium. And I don't think that can be interpreted as intentionally destroying the original after a copy has been made. No he cannot do this. He can only do it with the permission of the publisher. We received permission for a few but because they are offered in the DVD format and VHS is not an obsolete technology, it is a violation of copyright. my understanding is that the owner of the VHS is allowed to make one back up copy in case the copy purchased ever fails. As long as that copy isn't sold or used by someone else. ALA has addressed this issue below: http://wikis.ala.org/professionaltips/index.php/VHS_to_DVD%3F -- Rena Citrin Library Media Specialist Bernard Zell Anshe Emet Day School 3751 N. Broadway Chicago, Illinois 60613 773.281.1858 773.281.4709 FAX rcitrin@bzaeds.org CONFIDENTIALITY NOTICE: This email and any attachments may contain information that is privileged or confidential. If you are the intended recipient, please read and then delete this email and any attachments. If you are not the intended recipient, please delete the email and any attachments and notify the sender immediately. If you are not the intended recipient you may not copy, forward, disclose or use any part of this email. Internet communications cannot be guaranteed to be timely, secure, error or virus-free. The sender does not accept liability for any errors or omissions that arise as a result. ________________________________ CONFIDENTIALITY NOTICE: This email and any attachments may contain information that is privileged or confidential. If you are the intended recipient, please read and then delete this email and any attachments. If you are not the intended recipient, please delete the email and any attachments and notify the sender immediately. If you are not the intended recipient you may not copy, forward, disclose or use any part of this email. Internet communications cannot be guaranteed to be timely, secure, error or virus-free. The sender does not accept liability for any errors or omissions that arise as a result. -------------------------------------------------------------------- Please note: All LM_NET postings are protected by copyright law. You can prevent most e-mail filters from deleting LM_NET postings by adding LM_NET@LISTSERV.SYR.EDU to your e-mail address book. To change your LM_NET status, you send a message to: listserv@listserv.syr.edu In the message write EITHER: 1) SIGNOFF LM_NET 2) SET LM_NET NOMAIL 3) SET LM_NET MAIL 4) SET LM_NET DIGEST * LM_NET Help & Information: http://lmnet.wordpress.com/ * LM_NET Archive: http://www.eduref.org/lm_net/archive/ * EL-Announce with LM_NET Select: http://lm-net.info/join.html * LM_NET Supporters: http://lmnet.wordpress.com/category/links/el-announce/ --------------------------------------------------------------------