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October 2000, Week 3

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Subject:
From:
LLTI-Editor <[log in to unmask]>
Reply To:
Language Learning and Technology International Information Forum <[log in to unmask]>
Date:
Fri, 20 Oct 2000 08:54:05 EDT
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--- Forwarded Message from Derek Roff <[log in to unmask]> ---

>Date: Thu, 19 Oct 2000 14:30:03 -0600
>From: Derek Roff <[log in to unmask]>
>To: LLTI-Editor <[log in to unmask]>
>Subject: Re: #RE: #5761.5 Legal issues regarding conversion of PAL video to NTSC (!)
>In-Reply-To: <[log in to unmask]>

A careful reading of the section of the law quoted below tells me 
that this section doesn't apply to PAL to NTSC conversion.  This part 
of the law applies to "work duplicated solely ..." because of damage, 
deterioration, loss, theft or obsolete equipment.   We are talking 
about something else entirely, so this part of the code doesn't help 
or hurt.

I am curious about the technique of Bruce and Ursula, who destroy the 
original PAL copy of a video, after they make the NTSC copy.  Do you 
store/archive the crippled and shattered shell of the once proud PAL 
video?  Our lawyer insisted that we keep the original, in order to 
prove that we had indeed put money into the coffers of the publisher, 
and are legal purchasers/possessers of the work.

Derek "Seldom safe and often sorry" Roff

> --- Forwarded Message from "Harris, Leslie" <[log in to unmask]>

> 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,


Derek Roff
Language Learning Center, Ortega Hall Rm 129, University of New Mexico
Albuquerque, NM 87131  505/277-4804 fax 505/277-3885
Internet: [log in to unmask]

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