Re: Canadian copyright p.d. question

Randy Pitman (vidlib@videolibrarian.com)
Mon, 19 Feb 2001 15:23:53 -0800 (PST)

This is a multi-part message in MIME format.

------=_NextPart_000_002D_01C09A87.A9310B40
Content-Type: text/plain;
charset="iso-8859-1"
Content-Transfer-Encoding: quoted-printable

Thanks Oksana--will pass on to the librarian, and recommend checking out =
the sites you mention...

Best,

Randy

Randy Pitman
Publisher/Editor
Video Librarian
8705 Honeycomb Ct. NW
Seabeck, WA 98380
Tel: (800) 692-2270; Fax: (360) 830-9346
Email: vidlib@videolibrarian.com
Web: www.videolibrarian.com
----- Original Message -----=20
From: Oksana Dykyj=20
To: Multiple recipients of list=20
Sent: Monday, February 19, 2001 11:27 AM
Subject: Re: Canadian copyright p.d. question

Canadian public domain has nothing to do with American public domain. =
Just because it is in public domain in the U.S. doesn't mean that it is =
in public domain in Canada and the reverse is true as well. Often, if =
the material is American and is in public domain or pre 1923, but for =
whatever reason is not in public domain in Canada, the U.S. copyright =
holders will not care about possible infringements in Canada. In any =
event the Canadian copyright law is in effect in Canada. The Film =
Superlist is a good reference tool for Canadians but it is not =
indicative of the Canadian situation. All Canadians should become =
familiar with the Canadian Copyright Law and its educational exceptions =
(which are nothing compared to what Americans enjoy) and talk to their =
institutions' legal counsels. =
http://www.edu.gov.mb.ca/metks4/instruct/iru/pubs/web/c/ Also, it's a =
good idea to follow what goes on with CAUT (Canadian Association of =
University Teachers) developments.http://www.caut.ca/english/

The librarian should ABSOLUTELY check with the University's legal =
counsel about signing and paying for a license which they may not need. =
There is no point in acquiring a public performance license for =
something that may only be shown as a public performance once a year. =
The distributor should be able to show the University lawyer that they =
have signed a distribution contract with the copyright holder to =
distribute the title in Canada or simply part of the country.=20

I'm afraid that Canadian academic institutions got in very late to =
lobby the government for exceptions and were beat out by very strong =
megolamaniacal distributors who made enough noise on the lobby front to =
have more power. We should also remember that because academic =
institutions do not want to go to court, we always pay, whether we =
legally need to or not. It's time we questioned those who claim to have =
rights over everything and make them prove it. Of course, if no one =
wants to rock the boat...

Oksana

At 10:28 AM 2/19/01 -0800, you wrote:

Dear Jessica, et al,
=20
A university librarian from Canada sent me a 2-part re: public =
domain (first part was whether a print source listing titles existed, =
and I refered her to the o.p. "Film Superlist". If someone knows of a =
more current source, please let me know). The second question concerned =
Hitchcock's "Sabotage," which the librarian understood to be in the =
public domain, but that a local company wants to charge the library for =
a 3-yr. public performance lease. I know that p.d. status can change =
(especially on elements-added silent films), but I'm unfamiliar with any =
special circumstances re: "Sabotage." So, what does the think tank think =
:) ?
=20
Randy Pitman
Publisher/Editor
Video Librarian
8705 Honeycomb Ct. NW
Seabeck, WA 98380
Tel: (800) 692-2270; Fax: (360) 830-9346
Email: vidlib@videolibrarian.com
Web: www.videolibrarian.com
=20

=
_________________________________________________________________________=
_
Oksana Dykyj voice: 514-848-3443
Head, Visual Media Resources fax: 514-848-7622
Instructional & Information Technology Services =20
Concordia University
LB-805-1, 1455 de Maisonneuve Blvd. W,
Montreal, Quebec
Canada H3G 1M8
=
_________________________________________________________________________=
_=20

------=_NextPart_000_002D_01C09A87.A9310B40
Content-Type: text/html;
charset="iso-8859-1"
Content-Transfer-Encoding: quoted-printable

<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN">

Thanks Oksana--will pass on to the = librarian, and=20 recommend checking out the sites you mention...
 
Best,
 
Randy
 
Randy Pitman
Publisher/Editor
Video Librarian
8705 = Honeycomb Ct.=20 NW
Seabeck, WA 98380
Tel: (800) 692-2270; Fax: (360) = 830-9346
Email: vidlib@videolibrarian.comWeb: www.videolibrarian.com
----- Original Message -----
From:=20 Oksana Dykyj
To: Multiple recipients of = list=20
Sent: Monday, February 19, 2001 = 11:27=20 AM
Subject: Re: Canadian copyright = p.d.=20 question

Canadian public domain has nothing to do with American = public=20 domain. Just because it is in public domain in the U.S. doesn't mean = that it=20 is in public domain in Canada and the reverse is true as well. Often, = if the=20 material is American and is in public domain or pre 1923, but for = whatever=20 reason is not in public domain in Canada, the U.S. copyright holders = will not=20 care about possible infringements in Canada. In any event the Canadian = copyright law is in effect in Canada. The Film Superlist is a good = reference=20 tool for Canadians but it is not indicative of the Canadian situation. = All=20 Canadians should become familiar with the Canadian Copyright Law and = its=20 educational exceptions (which are nothing compared to what Americans = enjoy)=20 and talk to their institutions' legal counsels. http://www.edu.gov.mb.ca/metks4/instruct/iru/pubs/web/= c/=20 Also, it's a good idea to follow what goes on with CAUT (Canadian = Association=20 of University Teachers) = developments.http://www.caut.ca/english/

The=20 librarian should ABSOLUTELY check with the University's legal counsel = about=20 signing and paying for a license which they may not need. There is no = point in=20 acquiring a public performance license for something that may only be = shown as=20 a public performance once a year. The distributor should be able to = show the=20 University lawyer that they have signed a distribution contract with = the=20 copyright holder to distribute the title in Canada or simply part of = the=20 country.

I'm afraid that Canadian academic institutions got in = very=20 late to lobby the government for exceptions and were beat out by very = strong=20 megolamaniacal distributors who made enough noise on the lobby front = to have=20 more power. We should also remember that because academic institutions = do not=20 want to go to court, we always pay, whether we legally need to or not. = It's=20 time we questioned those who claim to have rights over everything and = make=20 them prove it. Of course, if no one wants to rock the=20 boat...

Oksana

At 10:28 AM 2/19/01 -0800, you wrote:
Dear = Jessica, et=20 al,
 
A university librarian from Canada sent me a 2-part = re:=20 public domain (first part was whether a print source listing titles = existed,=20 and I refered her to the o.p. "Film Superlist". If someone knows of = a more=20 current source, please let me know). The second question concerned=20 Hitchcock's "Sabotage," which the librarian understood to be in the = public=20 domain, but that a local company wants to charge the library for a = 3-yr.=20 public performance lease. I know that p.d. status can change = (especially on=20 elements-added silent films), but I'm unfamiliar with any special=20 circumstances re: "Sabotage." So, what does the think tank think :)=20 ?
 
Randy Pitman
Publisher/Editor
Video = Librarian
8705=20 Honeycomb Ct. NW
Seabeck, WA 98380
Tel: (800) 692-2270; Fax: = (360)=20 830-9346
Email: vidlib@videolibrarian.comWeb:=20 www.videolibrarian.com
 

=
____________________________________________________________________= ______
Oksana=20 = Dykyj       &nbs= p;         &n= bsp;         =            =20 voice: 514-848-3443
Head, Visual Media=20 = Resources       =          &nbs= p;     =20 fax:   514-848-7622
Instructional & Information Technology=20 = Services       &= nbsp;         = ;
Concordia University
LB-805-1, 1455 de Maisonneuve Blvd. W,
Montreal, Quebec
Canada  H3G=20 = 1M8
________________________________________________________________= __________=20 ------=_NextPart_000_002D_01C09A87.A9310B40--