--- Forwarded Message from Judy Shoaf <[log in to unmask]> ---
>Date: Wed, 10 Dec 2003 09:22:40 -0500
>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: #7359 One-copy tape lost, copyright?
>References: <[log in to unmask]>
>In-Reply-To: <[log in to unmask]>
------------------
I thought I would also reply to this.
Monika cited the excellent "Principled Approach to Copyright
Policymaking" lecture by Susan Kornfield at IALLT 2003.
However, as I understood her, Kornfield was not saying that anyone can
copy anything, but rather that university counsel, by making
super-conservative policies that ban what are actually legally valid
uses, are giving away the rights of universities. (E.g. if your
university has a policy saying students can't watch commercially
purchased films in the language lab, that policy would be binding even
though its interpretation of the laws about public performance obstructs
educational needs.)
Authorizing copies is in fact a right reserved to the copyright owner,
with the usual exceptions for fair use etc.. Copyright law does not
permit the making of a "use copy." In principle, taped media is sold for
the life of the tape; if you need or want another copy, you have to
purchase it.
The owner of a tape series may sell you the right or include it in the
sale, or give you a letter of permission allowing you to make the copy.
I would suggest contacting the owner of the tape series and asking for
the right to make a use copy.
There is a big fat (recent) exception: if you are a facility that is
open to the general public, you can make copies of tapes/films that are
out-of-print, in bad condition, or in a format that is no longer usable,
provided that replacement copies are not available commercially at a
reasonable price.
But then, I am not a lawyer.... (thank heavens).
Judy Shoaf
P.S., on the other hand if your original purchase included the right to
make a use copy, I would think you could in conscience make another one
if the first one is lost. The implication is that you are allowed to
keep the original as backup, and presumably the price reflected that.
Judy Shoaf, notalawyer
LLTI-Editor wrote:
> --- Forwarded Message from Language Laboratories and Archives <[log in to unmask]> ---
>
>
>>In-Reply-To: <[log in to unmask]>
>>References: <[log in to unmask]>
>>Date: Wed, 3 Dec 2003 09:32:29 -0600
>>To: Language Learning and Technology International Information Forum <[log in to unmask]>
>>From: Language Laboratories and Archives <[log in to unmask]>
>>Subject: One-copy tape lost, copyright?
>
>
> -------------------
> I have a tape series of which I have made one use copy as permitted
> by audio copyright. That copy, which is used at a satellite site over
> which I have little control, has been lost (stolen?). Does copyright
> permit me to make another copy? My guess is no (since the first copy
> is probably still around), but I was wondering if anyone had any
> thoughts on the matter.
>
> Barbara Need
> Manager (LLA)
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