Guidelines for VHS Preservation Copying:

Below are guidelines for creating preservation copies of audiovisual materials from the Dwight Marvin Library's collections. 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. This guide was based on the University of North Texas's policy Applying Copyright Section 108(c) to the UNT Media Library Collection, and Stonehill College's VHS Digitization Procedures both are shared under Creative Commons 4.0 International Licenses.

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

• (c) The right of reproduction under this section applies to three copies of phonerecords 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.

Digitization of VHS will be nominated by library staff or HVCC faculty. Faculty who use media in their teaching, for which they own a personal copy, should contact the Library so that the online media specialist may conduct a Section 108 review of the material; any materials deemed eligible for digitization under Section 108 must be donated to the libraries’ collections and cataloged prior to digitization.

Prior to digitization:

• The Libraries will attempt to replace the videos in either streaming or DVD format, based on price and availability, as outlined below.
• If a replacement copy cannot be purchased, prior to digitization a librarian will make an effort to find alternative content that will meet the faculty member’s instructional goals. If the proposed alternative content is not appropriate and the original VHS meets the requirements for Section 108 the library will produce a digitized copy.

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.

1. Defining obsolescence, damage, deterioration, lost and stolen.

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)

Damaged is 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.

Deterioration is 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

An item is determined Lost if it has been identified by library staff as missing or lost and standard procedures to locate the item have not led to its return. This includes items that are more than 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 Section 108 copy has been made, that copy should be removed from circulation while a new Section 108 evaluation is conducted.

An item is determined Stolen if it has been identified by library staff as stolen and standard procedures to locate the item have not let to its return. If the item is returned after a Section 108 copy is made, the copy should be removed from circulation while a new Section 108 evaluation is conducted.

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

"Fair price" means at or near retail price of the work when new.  Media Review Digest or other similar resources may be used to determine original pricing. (Video At Risk, p. 22)

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
• http://section108video.com/
• Classic Movies Not Yet Released on DVD in the U.S. (wikispace)

Resources consulted will be tracked through preservation copy justifications that will be retained by the library.

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.

• 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.
• Making the copy:
  • The item will be copied to DVD format. Current inhouse digitization standards will be used.
• Access:
  • Preservation copies will be available for campus use only.
  • Preservation copies will not be available for interlibrary loan (ILL).

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

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