Academic Libraries Video Trust Crowdsourcing Copyright, Digitization, and

Academic Libraries Video Trust Crowdsourcing Copyright, Digitization, and

Academic Libraries Video Trust Crowdsourcing Copyright, Digitization, and Access Sarah E. McCleskey Erin DeWitt Miller ALVT helps you efficiently protect your librarys VHS content for future access ALVT is a resource for time- and cost-saving with the digitization of your institutions legallyacquired videos

ALVT is a cooperative organization of member libraries leveraging 108 for VHS content access ALVT is a database of out-of-release VHS titles with log notes on searches for current distribution. a repository of digitized files of selected AV works currently available only in obsolete formats (primarily VHS) for use by authorized library personnel for download purposes only.

a collaborative effort of member libraries built on contributions of title search data and digitized files ALVT is not A streaming platform A subscription to a new product A source for new content that your library does not already own A database that provides institution-wide access to content

Reviewing the situation When VHS content is currently distributed on DVD format (or in the not-too-distant future another usable, non-obsolete, nondeteriorating, format), that title can and should be replaced with the distributors copy. What can a library do when that VHS content is unavailable for replacement in the commercial marketplace? Example from Hofstra: VHS title with highest usage over past 10 years: Anthropology on Trial with 70 circs since 2007. It was acquired in 1989 How many uses did it have between then and 2006? 17 U.S. Code 108

Limitations on exclusive rights: Reproduction by libraries and archives (c) The right of reproduction under this section applies to three copies of a published work duplicated solely for the purpose of replacement of a copy 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 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.

Interpreting the code Lost, damaged, stolen its pretty clear what those terms mean. Deteriorating: studies show that analog, magnetic VHS tape starts to deteriorate almost immediately after manufacture. Though we feel certain that any circulating collection that dates back to the 1980s and kept in varying climatic conditions this applies to most VHS recordings. Obsolete: 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. (last VCR manufactured July

2016) The public: not defined in the statute Premises of library: not defined in the statute though written decades before online education was conceived. ALVT Background: The Section 108 Due Diligence Project Launched in 2015 by deg farrelly (Arizona State), Jane Hutchison Surdi (William Paterson University) and Chris Lewis (American University) A database of out-of-release VHS titles with documentation of searches for current commercial distribution

Documents Worldcat holdings, distributor searches, Amazon availability, and other web searches typically conducted when making a 108 decision. Currently 4500+ titles are included Beyond due diligence Most academic libraries have VHS content they cannot replace. VHS is an unsexy format. Administrators may be loathe to commit major funding to digitize. Not all academic libraries have a copyright expert

on staff Many academic librarians who handle video are not confident about applying 108 Furthermore Not all academic libraries have expertise and equipment for digitization Some academic libraries have already undertaken digitization of VHS content and are willing to share files Once created, a digital file is easily shared saving

a member library the cost of digitizing ~$30 per title. f th e gy o o l o b Sym masons Free

Every semester Professor Langdon shows your librarys VHS tape Symbology of the Freemasons in his History of the Occult class. Today he was distressed when the 30 year old classroom VCR player crunched the tape beyond repair. The film was never released on DVD and you cannot find an unused copy anywhere. Only a few other libraries own this title. What will you do? You could ask another library to loan you its VHS of Symbology to digitize. Of course, that copy is also

fragile and you might damage it during digitization, or it could be lost in the mail. You could ask another library to digitize their VHS copy and share the file with you. Assuming that the digitization process didnt damage the original tape, that would work pretty well. As a member of ALVT, you can check to see if another institution has already digitized the file. You can Consider: Loss and damage usually occur in a one-off manner, but obsolescence means that

an entire collection becomes subject to loss. ALVT is a community of common interest protecting access to content that is currently on a fragile, obsolete medium dependent on equally fragile playback equipment. The result: Libraries help other libraries Members gain confidence in exercising Section 108 rights ALVTs user group provides training for best practices, discussions for future work, and collaboration with colleagues

Founding Benefactors Consortial: Virtual Library of Virginia Council of State University Libraries of Florida Additional members Muhlenberg College University of Pennsylvania University of Saint Thomas William Paterson University

Washington State University University of Texas at Austin Wabash College and growing! Administrative structure ALVT is a cooperative-membership service provided by the National Media Market, a 501c6 nonprofit organization. The NMM Board of Directors oversees ALVT A steering board meets regularly to evaluate the service and make recommendations for changes and improvements.

Current board members: Kyle Courtney (Harvard), Dave Hansen (Duke), Chris Lewis (American), Meghann Matwichuk (Delaware), Sarah McCleskey (Hofstra), Danette Pachtner (Duke), Gisele Tanasse (Berkeley) Counsel to National Media Market: Kenneth Crews Gipson Hoffman & Pancione Who is responsible for copyright compliance? ALVT does not alter your individual responsibilities under copyright. Each member library that adds a digital copy of a work for ALVT

is responsible for making it in a manner consistent with Section 108(c). Similarly, each library that downloads a copy from ALVT is responsible for confirming that it may under the law receive a replacement copy. Each participating library will represent and warrant to the NMM that it complies with copyright law. NMM cannot give legal advice, but NMM has secured legal advice to help guide the planning and implementing the ALVT service. Though ALVT depends on its members fealty to the law, audits

How can member libraries use ALVT content? Downloaded files are suitable for burning and playing in DVD format. Local access on a networked drive is possible though each member institution must determine whether this use falls under the language of Section 108, 107, 110, etc. How will you define the premises of your library for access? Brick and mortar library building Your entire institution

Your online presence How will you define the public? Institutional affiliates (students/faculty/staff) Residents of your state Whats happening now NMM has applied for change of status from 501c6 (business league) to 501c3 (charitable/educational/scientific purposes) 501c3 status will make NMM and ALVT eligible for grant funding from CLIR, IMLS, etc. This should be completed by December 2019.

ALVT is likely migrating from drupal-based database to open source library management software for enhanced bibliographic control. Implementation tentatively planned for spring 2020. MARC records with note fields for due diligence information Less manual data entry, fewer typos

Ease of access to WorldCat records Diacritics, alternate alphabets, controlled vocabulary, name authority etc. Future directions Pursuant to grant funding, ALVT acquires caption files to accompany digitized videos NMM/ALVT advocates for DMCA exception to allow breaking encryption for purposes of Section 108 preservation activities ALVT assists member libraries with outsourced digitization of VHS content thats not yet available for download

When DVD content inevitably goes out of distribution and cannot be replaced, ALVT is in place to facilitate preservation Membership Costs Founding Benefactor: $10,000 (one time fee) no annual maintenance fees Founding Member: $ 1,500 (one time fee), $750 annual maintenance Member: $500-$1000 per year depending on number of downloads

Membership credits Member institutions can obtain credits toward payment of the following year's fee by contributing due diligence metadata and digitized video files to ALVT. For full details of fees and credits: www.videotrust.org/membership-fees Consortial memberships Consortia are invited to join ALVT on behalf of their members at favorable discounted rates The discount rate depends on the number of consortial

members who commit to join Contact Jeff Tamblyn ([email protected]) to discuss options Resources Besser, Howard. Video at risk: strategies for preserving commercial video collections in librari es . New York University Libraries, 2012. Ennis, Matt. VHS Preservation Project Announces Founding Members. Library Journal, December 12, 2018.

Forsberg, Walter. A Declaration of VHS Independence. https://mediapreservation.wordpress.com/2013/02/22/a-declaration-of-vhs-ind ependence/ Forsberg, Walter, and Erik Piil. "Tune In, Turn On, Drop Out." Annual Review of Cultural Heritage Informatics: 2012-2013 (2014): 213. Lewis, C., & Hubbs, M. DIY VHS Preservation: Planning for Video Digitization at the American University Library. Computers in Libraries, 36/9 (2016) 28. McCleskey, Sarah E. "Copyright and Video Content in Libraries" (June, 2016). CHEER repository. https://tigerprints.clemson.edu/cheer/library/all_crlibrary/17

For more information Academic Libraries Video Trust www.videotrust.org National Media Market & Conference www.nmm.net Contact: [email protected] Question s?

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