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October 2000, Week 3

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From:
LLTI-Editor <[log in to unmask]>
Reply To:
Language Learning and Technology International Information Forum <[log in to unmask]>
Date:
Thu, 19 Oct 2000 08:29:13 EDT
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--- Forwarded Message from "Harris, Leslie" <[log in to unmask]> ---

>From: "Harris, Leslie" <[log in to unmask]>
>To: "'Language Learning and Technology International Information Forum'"     <[log in to unmask]>
>Subject: RE: #5761.1 Legal issues regarding conversion of PAL video to NTS C (!)
>Date: Wed, 18 Oct 2000 14:43:39 -0400

------------------
Hi, Folks.

My understanding is that the opinion expressed below--that you don't have to
get permission to convert from one standard to another if you destroy the
original--is a common *misreading* of copyright law.  That's what our
College Counsel explained to us, anyway.

Here is the relevant text from the law (Section 108, Subsection C), which
actually gives specific rights to libraries that others (for example,
individual faculty members) would *not* have:

(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. **For purposes of this subsection, 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 marked with asterisks the crucial section explaining what makes a format
"obsolete".  Unfortunately, since VCRs that read the PAL format (and/or
multi-standard VCRs) are readily available--albeit expensive--the "obsolete"
format language doesn't really allow you to make the conversion from PAL to
NTSC.  Also, you would need first to try to obtain an "unused
replacement"--in other words, a copy in NTSC format.  Even if an NTSC copy
weren't available, since both 1 and 2 have to apply, and 2 doesn't apply,
you're out of luck.

You could try to argue under "fair use" grounds, but I think you'd lose
there as well.  "Fair Use" depends on the famous "four factors" test, and
you lose on three of those four factors:  you're copying the entire video,
so that weighs against you.  It's a creative work, so that weighs against
you as well.  By making the copy, you're not buying an NTSC version, so
you're reducing the potential market for the work.  The only factor in your
favor is that it's a non-commercial use, but three against you and one for
you tends to tip the scale *against* fair use.

The obvious solution is either to play the video on a multi-standard VCR
connected to the appropriate viewing device or (as others have suggested)
get permission from the copyright owner to make the NTSC copy.

I might be giving a conservative reading of the law here--or expressing our
Counsel's conservative reading of the law--but that's how we've decided the
issue.  It's forced us to buy several of those multi-standard VCRs so our
language faculty can use those PAL/SECAM videos in class.

Leslie Harris
Decker Chair of Instructional Technology
Goucher College





> -----Original Message-----
> From: LLTI-Editor [mailto:[log in to unmask]]
> Sent: Wednesday, October 18, 2000 8:35 AM
> To: [log in to unmask]
> Subject: Re: #5761.1 Legal issues regarding conversion of PAL video to
> NTSC (!)
> 
> 
> --- Forwarded Message from [log in to unmask] ---
> 
> >From: [log in to unmask]
> >Date: Tue, 17 Oct 2000 09:46:02 -0400
> >To: [log in to unmask]
> >Subject: Re:  #5761 Legal issues regarding conversion of PAL 
> video to NTSC
> 
> As I understand it, you do not have to seek out permission to do a
> conversion from one video standard to another provided that 
> you destroy
> the copy from which you do the conversion.
> 
> Bruce Parkhurst
> Boston University
> 

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