VHS to DVD?
PrintQ. With the increased use of DVD systems it has been suggested that we convert our VHS library of educational videos in VHS format to DVD. Is it a copyright violation to convert to DVD and discontinue use of the VHS tapes?
A. In most cases, yes, it would be a copyright violation. Reproducing a VHS to DVD without the prior permission of the rights-holder is an infringement of copyright. This kind of reproduction is not exempt because it is not “fair use” as defined in Section 107 of the Copyright Code and it does not qualify as a lawful reproduction under Section 108 of the Copyright Code.
However, in a situation where the VHS tape is lost, stolen or deteriorating or is in an obsolete format (a 3/4” tape is obsolete because the equipment is no longer being sold, but a VHS tape is not obsolete) and is not available in the DVD format in the market for a reasonable cost, the library can make a reproduction. But if the reproduction is in a digital format (DVD is digital), then that copy cannot leave the library premises.
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Comments
VHS to DVD
This is a slightly different take, but years ago I heard it was okay to re-record a VHS and circulate the copy as long as you kept the original. We have burned some original DVD movies to DVD, kept the original and circulated the copy. Is this that much different from changing formats - VHS to DVD?
VHS to DVD - there may be cases where it's legal
I’m not so sure that the answer to the VHS to DVD question is quite complete. Fair Use (in Sec 107) and Sec 108 (which provides for relief where library missions conflict with a strict copyright adherence) may in fact justify transferring a collection, even proactively, to a new format, especially if the VHS tapes are not available otherwise. VHS is now an obsolete format, and both section 107 and 108 may indeed provide for cases where VHS tapes can lawfully be transferred to new formats. It might be wise for the writer of this question to consult a copyright expert — such as Peter Jaszi at the Washington College of Law, American University, whose specialty in IP and copyright has widened to include special areas such as libraries. He spoke on a panel with Peter Hirtle at the SAA conference in DC in mid-August 2010.
VHS obsolete?
I suppose an answer to your reply is, "what does ‘obsolete’ mean?" There are producers of educational films that still produce VHS. It is not an obsolete format. How can you transfer from vhs to dvd when you say "even if the vhs tapes are not available otherwise"??? You cannot claim fair use even if a copy of the film is no longer produced in vhs; if the film is available in dvd, you need to purchase that dvd, not make a copy of it. If it’s not, that still doesn’t mean the producer has surrendered the rights to the film.