[LIBRARYDIR] VHS to DVD

[Thomas, Kirsti]

Copyright law states that the physical reproduction needs to include the copyright notice that appeared on the original object.  If no copyright notice exists, then the physical reproduction needs to have something stating that the work "may be protected by copyright."

17 USC § 108(a)(3)
https://www.law.cornell.edu/uscode/text/17/108

I don't think we have a standard statement in cases where no original copyright notice exists.  If the AG has recommended language, I'd be interested in using it.


I'm not sure it's necessary to include notes about copyright in the catalog record.  What I've done for DVD reproductions of VHS tapes that were originally produced in-house, has been to include the following field:

776 08 ǂi reproduction of (manifestation): ǂt ORIGINAL TITLE. ǂd ORIGINAL PUB INFO. ǂh X videocassette{s} : sound, color ; 1/2 in. ǂw (OCoLC)XXXX

The original VHS copy then receives the following field:

776 08 ǂi reproduced as (manifestation): ǂt REPRODUCTION TITLE. ǂd REPRODUCTION PUB INFO. ǂh X videodisc{s} : sound, color ; 4 3/4 in. ǂw (OCoLC)XXXX


The Seattle Colleges have not been creating DVD reproductions of commercially-produced VHS tapes (at least, not to my knowledge), specifically because (until last week) VCRs were still being commercially manufactured. Our reading of 17 USC § 108(c) was that commercially-produced VHS tapes didn't yet quality as an obsolete format for which "right of reproduction" was permitted:

"a format shall be considered obsolete if the machine or device necessary to render perceptible a work stored in that format is no longer manufactured or is no longer reasonably available in the commercial marketplace."

I expect that we'll review current policy in light of the announcement that VCR manufacturing has ceased.

http://www.cbc.ca/news/business/funai-vcr-1.3693660

Copyright law does still require us to retain the original VHS copy in the library collections-- (17 USC § 108(b)(1).


Kirsti S. Thomas
Library Technical Services Manager
Seattle Colleges
kirsti.thomas at seattlecolleges.edu



From: LIBRARYDIR [mailto:librarydir-bounces at lists.ctc.edu] On Behalf Of Coe, Erica
Sent: Tuesday, July 19, 2016 01:06 PM
To: WACTC Library Directors <librarydir at lists.ctc.edu>
Subject: [LIBRARYDIR] VHS to DVD

Have any of you transferred videos from VHS to DVD for the library collection?   We are working through a list of videos to see if they are available as DVD and plan to convert those that we are allowed according to copyright law.

For those who have done this, what notes do you include in the catalog record?  Has anyone gone to the AG for recommended language?  We have examples from the OCLC list, but I would like examples from our state.

Thanks,
Erica

-------------------------------------------------------------
Erica Coe
Dean of Library, Learning Resources, and eLearning
Olympic College
1600 Chester Ave, Bremerton, WA  98337-1699
360-475-7263


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