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July 1996, Week 4


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Janet Staiger <[log in to unmask]>
Reply To:
Film and TV Studies Discussion List <[log in to unmask]>
Mon, 22 Jul 1996 09:15:01 -0500
text/plain (42 lines)
Randy Riddle suggests:
>It would make seem to make sense (and seem to be allowable to me, at
>least) to put a VHS copy of a laserdisc on reserve IF the original
>laserdisc was not circulated or viewed at the same time.
        My reading of articles about these issues indicates that an Archive
can make a circulating/viewing copy of an item as long as the archived copy
is not circulated.  Thus, Randy's proposal corresponds to my understanding
of the law.  (I too am not a lawyer; I've just spent a lot of time reading
on these issues.)  Note the stipulation that the original item can't be
viewed or circulated at the same time, however.  So Mike Abbott or his
library would have to be sure the original laserdisc was safely archived
while the ONE copy was on reserve.
>However, since laserdiscs are not very common, it would seem that the
>law would allow for access to the material through a different medium
>in this educational situation.
        Shifting to another more accessible medium would not be a
justification.  (In fact it might produce a violation of what are called
"deriviative rights.")  Archives commonly do, however, make their one
viewing copy in a different medium for access.
Again, I encourage Mike Abbott to talk to his library or A-V viewing center
to determine what it is willing to do (depending on the institution's
lawyers' views of these matters).  Good luck,  Janet Staiger, University of
Texas at Austin
Janet Staiger
   Professor of Radio-Television-Film
   Director, College of Communications Senior Fellows Program
University of Texas at Austin
Austin, TX 78712  USA
512-741-6653 (office)
512-329-5104 (home)
512-329-5144 (home fax)
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