From: Language Learning and Technology International Information Forum [LLTI@LISTSERV.DARTMOUTH.EDU] on behalf of LLTI-Editor [LLTI-Editor@Dartmouth.EDU] Sent: Thursday, October 19, 2000 8:29 AM To: LLTI@LISTSERV.DARTMOUTH.EDU Subject: #RE: #5761.5 Legal issues regarding conversion of PAL video to NTS C (!) --- Forwarded Message from "Harris, Leslie" --- >From: "Harris, Leslie" >To: "'Language Learning and Technology International Information Forum'" >Subject: RE: #5761.1 Legal issues regarding conversion of PAL video to NTS C (!) >Date: Wed, 18 Oct 2000 14:43:39 -0400 ------------------ Hi, Folks. My understanding is that the opinion expressed below--that you don't have to get permission to convert from one standard to another if you destroy the original--is a common *misreading* of copyright law. That's what our College Counsel explained to us, anyway. Here is the relevant text from the law (Section 108, Subsection C), which actually gives specific rights to libraries that others (for example, individual faculty members) would *not* have: (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. **For purposes of this subsection, 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.** I marked with asterisks the crucial section explaining what makes a format "obsolete". Unfortunately, since VCRs that read the PAL format (and/or multi-standard VCRs) are readily available--albeit expensive--the "obsolete" format language doesn't really allow you to make the conversion from PAL to NTSC. Also, you would need first to try to obtain an "unused replacement"--in other words, a copy in NTSC format. Even if an NTSC copy weren't available, since both 1 and 2 have to apply, and 2 doesn't apply, you're out of luck. You could try to argue under "fair use" grounds, but I think you'd lose there as well. "Fair Use" depends on the famous "four factors" test, and you lose on three of those four factors: you're copying the entire video, so that weighs against you. It's a creative work, so that weighs against you as well. By making the copy, you're not buying an NTSC version, so you're reducing the potential market for the work. The only factor in your favor is that it's a non-commercial use, but three against you and one for you tends to tip the scale *against* fair use. The obvious solution is either to play the video on a multi-standard VCR connected to the appropriate viewing device or (as others have suggested) get permission from the copyright owner to make the NTSC copy. I might be giving a conservative reading of the law here--or expressing our Counsel's conservative reading of the law--but that's how we've decided the issue. It's forced us to buy several of those multi-standard VCRs so our language faculty can use those PAL/SECAM videos in class. Leslie Harris Decker Chair of Instructional Technology Goucher College > -----Original Message----- > From: LLTI-Editor [mailto:LLTI-Editor@Dartmouth.EDU] > Sent: Wednesday, October 18, 2000 8:35 AM > To: LLTI@LISTSERV.DARTMOUTH.EDU > Subject: Re: #5761.1 Legal issues regarding conversion of PAL video to > NTSC (!) > > > --- Forwarded Message from brucep@bu.edu --- > > >From: brucep@bu.edu > >Date: Tue, 17 Oct 2000 09:46:02 -0400 > >To: LLTI-Editor@Dartmouth.EDU > >Subject: Re: #5761 Legal issues regarding conversion of PAL > video to NTSC > > As I understand it, you do not have to seek out permission to do a > conversion from one video standard to another provided that > you destroy > the copy from which you do the conversion. > > Bruce Parkhurst > Boston University >