--- Forwarded Message from Judy Shoaf <[log in to unmask]> ---

>Date: Tue, 16 Sep 2003 15:44:45 -0400
>From: Judy Shoaf <[log in to unmask]>
>User-Agent: Mozilla/5.0 (Windows; U; WinNT4.0; en-US; rv:1.3) Gecko/20030312
>To: Language Learning and Technology International Information Forum    <[log in to unmask]>
>Subject: Re: #7242.3 the fate of those tapes once you've gone digital (!)
>References: <[log in to unmask]>
>In-Reply-To: <[log in to unmask]>

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>  The only reason for not tossing out the cassettes is probably proof of ownership... and oh, did we have the rights to transfer to another media because the original media was crumbling away? But that's an entirely different issue!.... Otmar Foelsche 

> Yes, that is a different issue. Could we discuss it? I've been trying to determine this for some time. The consensus seems to be "no," but I thought the legality/copyright niceties of "space shifting" media were still being hashed out in the courts.
> David Flores

There is some relevant legal code at
http://www4.law.cornell.edu/uscode/17/108.html

Basically, certain kinds of institutions have the right to reproduce 
certain kinds of materials for purposes of security or preservation, if 
there is no other way to get a copy at a fair price and the materials 
cannot be preserved or played any other way. So if you don't have 
cassette machines any more, and your institution qualifies, you have the 
right to make copies you can play. Even truer for reel-to-reel.

Most language labs probably don't fit the description of a "library or 
archive" under this act, but some of them may.

Also, one would have to ascertain that copies were not available at a 
fair price and one would be obliged to label the copies regarding 
copyright if the tape itself did not include copyright identifcation.

Judy Shoaf