Legal Question: Can Libraries Loan Out Copies?

[ulTRAX]

I know this is not a legal forum... but someone might know the answer.

I think it was regrettable that the DVD format didn't have a cartridge like DVD RAM. While I hear the error correction is robust anyone with kids knows the disks get pretty beat up.

Talking to someone at my local library I asked about the longevity of DVD vs Tapes. The news wasn't good. There were lots of complaints about disks skipping. Many movies just a few months old were already in bad shape. Then there was the problem of disks being stolen.

So I have to ask... since a library obviously owns their own disks... can they protect their investment by loaning out copies?

[setarip]

Interesting concept, although regardless of questionable legality, it would seem to be as likely as a library making photocopies of books available for borrowing...

[ulTRAX]

Is it likely? I think it depends on whether it's cheaper for a library to make the copies or to keep buying new disks to replace damaged or stolen ones.

[setarip]

I guess my analogy wasn't clear enough - Libraries will NEVER create copies of copyrighted materials for distribution...

[ulTRAX]

Here's a bit more info on the topic from http://64.233.161.104/search?q=cache.../article19.asp


"And even though it may seem like a good idea to preserve the VHS format or favorite titles by making additional VHS copies or burning them onto DVD-Writable discs, librarians must remember that it is illegal to do so. Librarians occasionally ask if they can copy a VHS tape to another format legally, and the answer is no – not unless they have explicit written permission from the copyright holder. In regards to out-of-print videos, librarians are permitted to make up to three copies for the sole purpose of replacing damaged, deteriorating, lost or stolen copies in the library's collection. Replacement copies can be made by librarians only if an unused replacement cannot be purchased at a fair price."

The above is somewhat confusing. Is the legality of backups a matter of changing formats or market availability?

[LT. Columbo]

(lol) i'd say both! i'd never accept anything from the library, whenever i rent a flick, half the time the discs are so buggered, it looks like someone was using it to play air hockey....people just don't care if it ain't their's.