About Copyright
If you have authored the VHS tape yourself and it has not been published commercially, you are, for the most part, free to convert it into any other format (DVD – MPEG- AVI, etc.) and make as many copies you need.
However, if it is a commercial VHS tape, authored by others, it is presumably copyrighted therefore; there are legal limitations to what can be done with it, even under Fair Use Guidelines.
If the VHS tape is owned by Babson Library see ……
Complying with the law
If the VHS tape is available for purchase in a DVD format, it must be purchased; even if you already own the VHS tape version. Departments have funds for such purchases. Likewise, if you need three copies of the VHS tape for your course to use, you should buy the three copies or place your VHS tape on reserve in the library (please contact Lynn Martin lmartin@spfldcol.edu - 413-748-3501).
You cannot convert a VHS tape to DVD unless you have written permission from the copyright holder, the video is in the public domain, or in certain circumstances, such as:
- you're making a backup copy of a video for your own archives (no classroom use)
- the video is not available for sale in DVD format
The fact that a video is out-of-print and no longer distributed commercially isn't, alone, sufficient reason to assume copying or converting is permissible. Making a good-faith effort to locate a copyright holder and having on file sufficient evidence (copies of letters and emails, return postal receipts, etc.) that a “reasonable effort” has been made to locate the copyright holder in a reasonable period of time may be important in a litigation case.
Converting Procedure
If you have permission from the copyright holder or if you own the copyrights of the VHS tape, you must submit the AUTHORIZATION TO DUPLICATE COPYRIGHTED MATERIAL (PDF) request to Media Services. Permission documentation should be stapled to the form, if applicable.
Note: it is the responsibility of the person who submits the request to consider the issue of copyright and proceed appropriately. The liaison librarians are available to assist in this endeavor.
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