Re: [LM_NET] media transfer and copyright

[Carrie Russell <crussell@ALAWASH.ORG>]

Hi Marcia:

Under 108, you can only make reproductions (including changing one
format to another) when you preserve or replace a title (including
obsolete formats), and only if you cannot find an unused copy (in the
new format if old format is obsolete) for purchase. 

Example: I have a 3/4" tape that is in an obsolete format.  3/4" play
back machines are no longer manufactured.  I cannot find the title in
VHS or DVD to purchase. I can make a copy of the 3/4" tape.  

Books on tape are not obsolete (I don't think they are), so 108 will not
work for your need.  

You may have an argument that making the copy is fair (so yes, it
depends). A fair use argument would be strengthened by specific socially
beneficial reasons for making the copy that rise above purchasing a
copy.  In your example, it sounds like your colleagues want to make the
copies just because they can --that there is no compelling reason to
make the transfers.  

As a general rule, if you can buy the copy in the new format, you
should.
-Carrie Russell    
  
Date:    Wed, 3 Feb 2010 16:47:54 -0600
From:    Marcia Dressel <dressel@OSCEOLA.K12.WI.US>
Subject: TECH: media transfer and copyright

I have some colleagues asking to transfer some of our books on tape =
resources to CD or mp3 for
use on iPods for listening centers here at school.   I'm starting a =
search for a "Carrie on Copyright" ruling on the copyright implications
=
because I'm sure I've read that this isn't "okay" or at the very best, =
is an "it depends" situation.
=20
I'm posting to LM_NET because I'm hoping to find someone with some fresh
=
experience with this who can point me to accurate sources of counsel =
before we proceed.
=20
To put it more succinctly:  can we make new media format copies of our =
cassette tapes?
=20
=20
.-+-.-+-.-+-.-+-.-+-.-+-.-+-.-+-.-+-.-+-.-+
Marcia Dressel, K-5 Librarian @ the
Elementary and Intermediate Schools
Osceola, WI
dressel@osceola.k12.wi.us <mailto:dressel@osceola.k12.wi.us>=20
http://www.myteacherpages.com/webpages/MDressel/
.-+-.-+-.-+-.-+-.-+-.-+-.-+-.-+-.-+-.-+-.-+
=20

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