Academic Library Streaming Video A Running Start: Revisited A Crowd-Sourced Database of Due VHS Diligence deg farrelly – Arizona State University to Invoke Jane Hutchison Surdi – William SectionPaterson 108 University deg farrelly – Arizona State University American Library Association Annual Conference, 2016 - Orlando Florida Charleston Conference – November 4, 2016 Scope of the Issue Scope of the Issue = 500 VHS Tapes Average Associate 3413 1449 Baccalaureate 2126 Masters 2255 Doctoral ARL 5325 8328 Source: farrelly, d. & Hutchison, J. (2013) Survey of academic library streaming video [Data file]. Provided by authors 17 U.S. Code – Section 108 – limitations on exclusive rights: Reproduction by libraries and archives. • What does is allow? • What does it require? • What are the limitations Section 108 17 U.S. Code § 108 - Limitations on exclusive rights: Reproduction by libraries and archives https://www.law.cornell.edu/uscode/text/17/108 (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 In Brief You can make up to 3 digital copies of items that are: • Lost • Damaged • Stolen • Deteriorating • Obsolete format Provided….. You have conducted: • A reasonable search • For an unused copy • At a fair price Limitations of Section 108 • 3 copies • Digital copies cannot be: (c) (2) … made available to the public in that format outside the premises of the library or archives in lawful possession of such copy. But… (f) Nothing in this section— (4) in any way affects the right of fair use as provided by section 107… Deteriorating or Obsolete? Section 108 defines “obsolete” (c) (2) …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. Last manufacturer of VHS players - Funai Corp discontinued production in July 2016 Forsberg, W. & Piil, E. (2014). Tune in, turn on, drop out. In S. Hastings (Ed.) Annual Review of Cultural Heritage Informatics (pp.213-242). Lanham: Rowman & Littlefield Publishers. Urgency Whether that of obsolescence or deterioration, the issue is critical and urgent. Casey, M. (2015). Why media preservation can’t wait: The gathering storm. IASA Journal, 44, 14-22. Arguments against taking action • There are players still available at Walmart. • We will be able to repair our VHS players with parts made with 3D printers. • We lack expertise and/or funds Don’t kick the can down the road! What constitutes ”Reasonable” effort? 17 U.S. Code § 108 (c) (1) “The library or archives has, after a reasonable effort, determined that an unused replacement cannot be obtained at a fair price.” What constitutes ”Reasonable” effort? For searching: • WorldCat • Original publisher/distributor • Google • Amazon What constitutes ”fair” price? Section108video.com Database Section108video.com Database All Titles Title Record Title Record, Search Data Title Record, Search Data My Institution Option Your Institution Add Record, Part 1 Add Record, Part 2 Next steps • Database available now for anyone to view • Making available for others to add titles or metadata • Data entry is not automatic, you need to request a user account Pipe Dream Potential for a large scale preservation effort akin to The HathiTrust or WEST In the meantime… Don’t wait to get started with your own collection: • Run a report of your VHS holdings - and take an inventory of what has been replaced, what is available for replacement, and what is out of distribution • Using a log form, document your searches for out-of-distribution titles • Join the section108video.com effort • Become familiar with outside digitizing options • Develop a long-term preservation strategy • Evaluate cost-effectiveness of building an in-house digitizing station • Learn about implications of long-term digital preservation of video files A few more suggestions • Before discarding low-use VHS recordings, offer them to other institutions • Prolong your tapes’ lives by storing in a climate-controlled environment: 65F +/- 3 degrees, rel humidity 40% +/- 5% • Laserdiscs? CD-ROMs? If you don’t have playback equipment, buy it on ebay now! • After digitizing, do not discard the originals. You may need to go back to them in a worst-case scenario. Finally: The Andrew W. Mellon Foundation has awarded the Council on Library and Information Resources (CLIR) $2.725 million for a regranting program to digitize “at risk” audio and audiovisual materials of high scholarly value. The program will run four competitions between January 2017 and September 2018, awarding a total of $2.3 million. Visit https://www.clir.org/recordings-at-risk References Besser, H., Brown, M.A., Clarida, R., Forsberg, W., Righter. M., & Stoller, M. (2012). Video at risk: Strategies for preserving commercial video collections in libraries. Section 108 Guidelines. Retrieved from http://www.nyu.edu/tisch/preservation/research/video-risk/ Casey, M. (2015). Why media preservation can’t wait: The gathering storm. IASA Journal, 44, 14-22. Retrieved from http://www.avpreserve.com/wp-content/uploads/2015/04/ casey_iasa_journal_44_part3.pdf References Enis, M. (2016). Please rewind: Preservation. Library Journal, 141, 10, 45-47 Retreived from: http:lj.libraryjournal.com/2016/ 06/technology/please-rewind-preservation Forsberg, W. & Piil, E. (2014). Tune in, turn on, drop out. In S. Hastings (Ed.) Annual Review of Cultural Heritage Informatics (pp.213-242). Lanham: Rowman & Littlefield Publishers. New York University. (2012, September 25) Video at Risk: Strategies for preserving commercial video collections in research libraries. Retrieved from http://www.nyu.edu/tisch/preservation/research/video-risk/ References Marcum, D. (2016). Due diligence and stewardship in a time of change and uncertainty. Ithaka S+R Issue Brief. Retrieved from http://www.srithaka.org/wp-content/uploads/2016/04/SR_ Issue_Brief_DueDiligence_Stewardship042616.pdf U.S. Copyright Office (2014, July 23). Copyright law of the United States of America and related laws contained in Title 17 of the United States Code. Retrieved from http://www.copyright.gov/title17/92chap1.html#108 Questions? Contact: deg farrelly deg@asu.edu 602.332.3103 Scope of the Issue