As more of our collections become exclusively digital, the subject of this Ask the ALA Librarian article caught my eye.
VHS to DVD?
By Karen Muller
Created 08/26/2010 - 09:57
By Karen Muller
Created 08/26/2010 - 09:57
Q. With the increased use of DVD systems it has been suggested that we convert our VHS library of educational videos in VHS format to DVD. Is it a copyright violation to convert to DVD and discontinue use of the VHS tapes?
A. In most cases, yes, it would be a copyright violation. Reproducing a VHS to DVD without the prior permission of the rights-holder is an infringement of copyright. This kind of reproduction is not exempt because it is not “fair use” [2] as defined in Section 107 of the Copyright Code and it does not qualify as a lawful reproduction under Section 108 [3] of the Copyright Code.
However, in a situation where the VHS tape is lost, stolen or deteriorating or is in an obsolete format (a 3/4” tape is obsolete because the equipment is no longer being sold, but a VHS tape is not obsolete) and is not available in the DVD format in the market for a reasonable cost, the library can make a reproduction. But if the reproduction is in a digital format (DVD is digital), then that copy cannot leave the library premises.
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