We ran into a problem with techs telling librarians to tape the VHS into DVD format. This is the actual law.
Sections 108(b)-(c) permit a library to reproduce both published and unpublished works for preservation purposes, but only if certain conditions are met. Replacement of published works (such as purchased audiovisual works) is allowed for purposes of replacing a lost, damaged, stolen, deteriorating or obsolete copy, but only after the library first makes a reasonable effort to find an unused replacement at a fair price. So, a replacement copy may be made when conditions are met, but creating a backup copy is not permitted under this section [emphasis added].
BJ McCracken
"In the nonstop tsunami of global information, librarians provide us with floaties and teach us how to swim." Linton Weeks
Head Librarian
Great Falls High School
1900 2nd Ave. South
Great Falls, MT 59405
406.268.6304 or 6305
From: Clover Carroll [mailto:cccarroll@k12albemarle.org]
Sent: Tuesday, April 17, 2012 11:05 AM
To: 'aaslforum@ala.org'
Subject: [aaslforum] copyright question
Dear Brain Trust,
The secondary schools in my district have many old VHS tapes that we would like to convert to DVD. We know changing formats is a copyright violation, but is it permissible if the title is not currently available on the market in DVD format? Thanks as always for your help!!
Clover
Clover Carroll, M.A., M.Ed., Librarian
Western Albemarle High School
5941 Rockfish Gap Turnpike
Crozet, VA 22932
434-823-8700
"Libraries are the thin red line between civilization and barbarism." - Author Neil Gaiman