The Copyright Act permits libraries/archives to do this in some cases.

First, there is a specific library/archives provision that states that, where a film has been lost or stolen or has deteriorated or been damaged, you can make a replacement copy if copies are not commercially available; provided you comply with a number of specified requirements.

If your video tapes are not lost, stolen, damaged or have deteriorated, then you will have to make an assessment as to whether your need to format shift falls within the flexible dealing/special case provision (section 200AB).

An example of a situation that may warrant consideration under section 200AB may be when replacements are commercially available, but not in the format in which a specific client can use it.

You won’t, however, be able to rely on section 200AB to do a blanket transfer of your whole collection – the library would need to consider questions such as commercial availability and whether the case was “special” in relation to each title before it could make the relevant copy.

See our “Libraries – Copyright Basics” and “Special Case & Flexible Dealing - Section 200AB” information sheets for more information.