University Libraries

Summary

The following are the UNT Media Library’s policies and procedures for creating preservation copies of audiovisual materials from the UNT Libraries collections.

Purpose

Preservation copies will become part of the library collection and are not to be made for the purpose of supplying a patron with a personal copy of an item. These policies and procedures are based on the Copyright Section 108(c) with guidance from the 2012 report “Video At Risk: Strategies for Preserving Commercial Video Collections in Libraries” produced by the NYU Libraries.

Copyright Section 108(c) reads:

17 USC § 108 - Limitations on exclusive rights: Reproduction by libraries and archives

• (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
• (2) any such copy or phonorecord that is reproduced in digital format is not made available to the public in that format outside the premises of the library or archives in lawful possession of such copy.

Steps In Determining 108 Eligibility

Materials will be considered for preservation under 108(c) if they can no longer be viewed properly (due to obsolescence, damage, deterioration, lost, stolen) and if an unused replacement copy cannot be obtained at a fair price.

Defining obsolescence, damage deterioration, lost and stolen

• Obsolete formats:
  • Obsolescence is defined as “the machine or device necessary to render [the work] is no longer manufactured or reasonability available in the commercial marketplace”. (Video At Risk, p. 8)
  • The following formats may reasonably be considered obsolete: LaserDisc, filmstrip, U-matics, S-VHS.
• The item is damaged:

  • Visible and/or otherwise perceivable deterioration of the video or audio signal prohibits the work from being viewed in its original condition. This could include:

    1. noticeable visual dropout
    2. noticeable audio dropout
    3. noticeable repeated disruption in the video RF signal
    4. color loss or alteration or
    5. other degradation or distortion of the content that would impair viewing.
  • For tape and film based media, a work could be considered damaged if a significant amount of the material has been physically damaged and spliced out of the total work.
  • For tape based media, if the carrier has sustained significant damages that affects playback then an attempt should be made to put the AV in a new unused carrier before moving forward with a 108 determination.
• The item is deteriorating

  • Visible and/or otherwise perceptible deterioration of the video signal prohibits the work from being viewed in its original condition. This could include:

    1. noticeable visual dropout
    2. noticeable audio dropout
    3. noticeable repeated disruption in the video RF signal
    4. color loss or alteration or
    5. other degradation or distortion of the content that would impair viewing.

  • Only perceptible deterioration will be considered. “Imminent loss” with no perceptible deterioration will not be the determining factor in creating a 108 copy.

• The item is lost.
  • The item has been identified by library staff as missing or lost and standard procedures to locate the item have not led to its return.
  • The item is at least 6 months overdue and standard procedures to contact the patron and retrieve the item have not led to its return.
  • If the original item is returned after a 108 copy has been made, that copy should be removed from circulation while a new 108 evaluation is made.
• The item is stolen:
  • The item has been identified by library staff as stolen and standard procedures to locate the item have not led to its return.
  • If the item is returned after a 108 copy is made, the copy should be removed from circulation while a new 108 evaluation is made.

Defining a reasonable effort to locate an unused replacement copy at a fair price

• “Fair price” will be defined as at or near retail price of the work when new. Media Review Digest or other similar resources may be used to research original pricing.
• Reasonable efforts will include reviewing or contacting the following resources to determine if an unused copy is available for purchase:
  • Worldcat
  • Amazon.com
  • IMDB
  • Google search
  • Publisher/ Distributor of published work
  • Videolib listserve inquiry
  • “Classics Not On DVD” wiki
  • Copyright Office online records of registration (1978 – present only)
  • All research and contacts will be tracked in a central spreadsheet.

Creating a Replacement Copy

Once an item has been determined to be eligible for replacement, the following steps will be taken in creating and providing access to the copy:

1. Source material for copying:
   • Obsolete/Deteriorating materials - use the item from the Media Library collection to create the replacement copy. If a deteriorating item is not physically suitable to copy, a copy will be borrowed through Interlibrary Loan.
   • Lost/Stolen/Damaged/Deteriorating materials – borrow a copy of the item through Interlibrary Loan in order to create the replacement copy.
2. Making the copy
   • The item will be copied to DVD format. Current inhouse digitization standards will be used.
3. Access:
   • New copies will be made available for inhouse use in the Media Library for all patrons (faculty, students, community members, researchers, etc)
   • Materials will be made available to current UNT faculty for research and instructional uses outside of the Media Library. Members of this group will receive their normal non-reserve checkout period (7 days).
4. Bibliographic control of the copy
   • A new library catalog record will be created for the preservation copy with the following specifications:
     • Item = czmrs/ Inhouse Use Only
     • 500: This preservation copy was made in accordance with Section 108 of the U.S. Copyright Code. Transferred from (CALL NUMBER or LENDING LIBRARY) on (DATE).
     • 500: NOTICE: Campus use only. Not available for ILL.
   • A new holding will be added to OCLC.
5. Bibliographic control of the original item
   • Obsolete/Deteriorating items - the original item will be removed from circulation, but will not be discarded. The holdings will be removed from Worldcat. The bib and item records will be suppressed and the following note will be added to the bib:
     • 500 A preservation copy was made of this film in accordance with Section 108 of the U.S. Copyright Code. Transferred to (CALL NUMBER) on (DATE).
   • Lost/ Stolen/ Damaged – the original item will be removed from the collection and processed as a discard. This includes deleting the bib & item records and removing the holdings from Worldcat.

Challenges to 108 Copies

If a rights holder has an objection to a 108 copy being created they should contact the Media Library to make an objection in writing via print or electronic format (print letter or email).

If an objection is made the Media Library will cease circulation of the copy while the objection is being investigated.

Dates

• Approved: 08/22/13
• Revised: 01/12/17
• Reviewed: 07/08/24

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