Re: [ARSCLIST] Libraries, circulation copies and fair use

[Tom Fine <tflists@xxxxxxxxxxxxxxxxxxx>]

Hi Mike:

I think yours is a widely held belief but I'm not sure it's 100% accurate and might be overly 
conservative to the detriment of libraries and library patrons. See:

http://palimpsest.stanford.edu/bytopic/intprop/crews.html

Specifically, under "Library Reproduction Rights":
-------------------------------
Section 108(c): permits reproductions of published works for replacing a damaged, deteriorated, 
lost, or stolen copy, but only if "an unused replacement cannot be obtained at a fair price."
-------------------------------

This was the text I couldn't find this AM when I posed my original question.

My point is that MANY CD's and some DVD's are now out of print and thus "an unused replacement 
cannot be obtained at a fair price."

Now, this document is dated 2004. Has the law changed since then?

----- Original Message ----- 
From: "Mike Richter" <mrichter@xxxxxxx>
To: <ARSCLIST@xxxxxxxxxxxxxxxx>
Sent: Tuesday, January 08, 2008 7:44 PM
Subject: Re: [ARSCLIST] Libraries, circulation copies and fair use


> Roger and Allison Kulp wrote:
> > I don't see why not.
> >
> >                               Roger
>
> My understanding - non-professional - is that it is illegal for the library or any other owner of 
> a commercial DVD-Video to make a copy of it. That applies whether the issue is in print or not. If 
> making a copy is deemed theft, then having the disc would put the library and any borrower in 
> possession of stolen property.
>
> That would seem to make it impossible to circulate a copy legally.
>
> Mike
> --
> mrichter@xxxxxxx
> http://www.mrichter.com/