FW: [SERIALST] Question regarding permissions to film a print journal Pennington, Buddy D. 19 Mar 2007 13:55 UTC

I think we should be fine since we can make a case that newsprint is a deteriorating format and that no other alternatives exist (since they pulled their film rights).  I have heard back from NACP and they are checking to see what happened with the loss of rights with UMI.  Hopefully, NACP will secure the rights to film again and the case will be closed.

Here's the relevant section of the US code on copyright (from TITLE 17 > CHAPTER 1 > § 108):

(c) The right of reproduction under this section applies to three copies or phonorecords of a published work duplicated solely for the purpose of replacement of a copy or phonorecord that is damaged, deteriorating, lost, or stolen, or if the existing format in which the work is stored has become obsolete, if-
(1) the library or archives has, after a reasonable effort, determined that an unused replacement cannot be obtained at a fair price; and
(2) any such copy or phonorecord that is reproduced in digital format is not made available to the public in that format outside the premises of the library or archives in lawful possession of such copy.

I think we have a case because:

1.  The sole purpose is to replace our print copies (which are deteriorating).
2.  We have made a reasonable effort to find a replacement.  Obviously more newsprint copies would not be viable for preservation purposes and there are no microfilm copies on the market.

That said, we will be sure to follow up with our university attorneys before making the final decision.

Buddy Pennington
Serial Acquisitions Librarian
University of Missouri - Kansas City
University Libraries

-----Original Message-----
From: SERIALST: Serials in Libraries Discussion Forum [mailto:SERIALST@LIST.UVM.EDU] On Behalf Of Freya Anderson
Sent: Friday, March 16, 2007 6:35 PM
Subject: Re: [SERIALST] Question regarding permissions to film a print journal

I haven't been able to keep up with this list, and was just clearing through
months of posts when this one caught my eye.  I apologize for the delay
between the original post and the response.

I'm not a lawyer either, but I think that this issue is not quite as cut and
dry as Dan suggests.   While making a fair use argument for copying the
entire item would probably be a stretch, I think that you could probably
make a pretty strong argument that making a copy (on microform or not) is
allowable for archival purposes.  There are some limitations, but as I read
the law, a library can make up to three copies if the following conditions
are met:

The copies are for preservation or security
The library gets no commercial advantage from the copies
The library is open to the public or researchers
You include the copyright notice on the copies
The library already has one copy

There are some additional issues in different circumstances.  For example,
if you were to make digital copies, access would need to be limited to
within the library.  However, this shouldn't be an issue with microform.  I
cannot emphasize strongly enough, though, that I am not a lawyer and this is
not legal advice.  I encourage anyone in this situation to read Title 17
and, if possible, to consult with an attorney.

Freya Anderson

-----Original Message-----
From: SERIALST: Serials in Libraries Discussion Forum
[mailto:SERIALST@LIST.UVM.EDU] On Behalf Of Dan Lester
Sent: Thursday, March 08, 2007 12:12 PM
Subject: Re: [SERIALST] Question regarding permissions to film a print

I am not a lawyer and can not offer legal advice.

You need permission.  If they don't want to grant it (either by denying or
just ignoring) you're legally out of luck.

It sounds like they've pulled it from UMI as well.

Keeping it in the library has nothing to do with it.  A copy of the whole
thing is a copy of the whole thing.

I am not a lawyer and can not offer legal advice.


Show Up, Suit Up, Shut Up, and Follow Directions dan@riverofdata.com Dan
Lester, Boise, Idaho, USA

  ----- Original message ----------------------------------------
  From: "Pennington, Buddy D." <penningtonb@UMKC.EDU>
  Received: 3/8/2007 12:55:28 PM
  Subject: [SERIALST] Question regarding permissions to film a print journal

  >Hi all,


  >Moving on from the Sports Illustrated discussion...:-)


  >There is a local business journal that was available in microfilm format
  >through UMI but is no longer available through them and is apparently
  >not available elsewhere.  It is a newsprint title so it's not something
  >we can bind.


  >I've contacted the publisher to get permission to have our print issues
  >filmed but they have been dragging this out for a few months now.  My
  >question is this. Do we need their permission in the first place?  I was
  >thinking the copyright exceptions and the DMCA allow for preservation
  >copies if none exist on the market and if access is restricted to within
  >the library.  So even if the publisher explicitly does not grant
  >permission, are we protected by federal law so long as we keep the film
  >in the library?


  >Any experience or more concrete knowledge on this would be much
  >appreciated.  Thanks!


  >Buddy Pennington
  >Serial Acquisitions Librarian
  >University of Missouri - Kansas City
  >University Libraries
  >www.umkc.edu/lib <http://www.umkc.edu/lib>