Re: Copyright Questions

Jessica Rosner (jrosner@kino.com)
Tue, 15 May 2001 12:46:42 -0700 (PDT)

I know this is a never ending debate and part of the problem is that my
mindset is strictly from a feature film point of view. Bottom line is that
if any studio or rights holder actually decided to sue you because you made
a copy of their film without permission I have no doubt that they would win.
Like I said if anyone has a 16mm copy of say a Disney film ( legal copy of
course) and thinks they can transfer it because it is not on video at
"fair" price they would sue you so fast your head would spin . Of course as
we all know they won't find out but just cause you don't get caught does not
make it right.
-- 
Jessica Rosner

PS Lest you think I am an evil greedy rights holder I just got off the phone with a nice Canadian librarian who could not believe that we don't charge more for "public performance" (aka classroom use) in Canada. I am not a nasty producer I just play one on the internet

> From: "Clark, Jeff" <clarkjc@jmu.edu> > Reply-To: videolib@library.berkeley.edu > Date: Tue, 15 May 2001 12:22:17 -0700 (PDT) > To: Multiple recipients of list <videolib@library.berkeley.edu> > Subject: Re: Copyright Questions > > Jessica & Gary, > > I beg to differ with you at least slightly on this point. > Section 108 of the copyright law does clearly allow copy > reproduction under specific circumstances for audiovisual > works--see subsection i and follow it back to the other > subsections referenced (b and the most relevant, c). > > For Cecilia and everyone, a convenient place to find the > relevant section 108 online is at: > http://www4.law.cornell.edu/uscode/17/108.html > > Jeff > > On Tue, 15 May 2001 11:27:10 -0700 (PDT) Jessica Rosner > <jrosner@kino.com> wrote: > >> OK I will be the resident crank. I don't think you EVER have the right to >> make a copy of copyrighted material without the EXPRESS permission of the >> rights holder. Lets face it if you copied an old Disney film from 16mm that >> they HAD NOT put on video, they would sue you AND WIN. Just because a film >> is NOT available in the most "convenient" format DOES NOT GIVE YOU THE RIGHT >> TO TRANSFER IT. There tens of thousands of films that for all sorts of >> reasons have NOT been put on video and just cause they have not been put on >> video does not give you the right to transfer them. What for instance is the >> "fair market value" of a video of THE LEOPARD if you happen to have a 16mm >> copy to transfer? The phonographic sections HAS NOTHING TO DO WITH THIS. >> Of course as a practical matter you will never get caught but that does not >> make it legal >> -- >> Jessica Rosner >> Kino International >> 333 W 39th St. 503 >> NY NY 10018 >> jrosner@kino.com >> >>> From: Gary Handman <ghandman@library.berkeley.edu> >>> Reply-To: videolib@library.berkeley.edu >>> Date: Tue, 15 May 2001 11:03:24 -0700 (PDT) >>> To: Multiple recipients of list <videolib@library.berkeley.edu> >>> Subject: Re: Copyright Questions >>> >>> At 08:28 AM 05/15/2001 -0700, you wrote: >>>> I would like to draw upon the wealth of knowledge available on the >>>> listserv to clear up a few related copyright questions that we have. >>> >>> The copyright law does not specifically address this issue in relation to >>> video. It does address copyring of phonograph recording, however, and >>> that's the hook most of us have been using. See Title 17 US Code (The >>> copyright law) Sec. 108. Limitations on exclusive rights: Reproduction by >>> libraries and archives. The answers below are based roughly on that >>> section and on discussions over the years with the late Ivan Bender and >>> others... >>> >>> >>>> 1. We have a VHS copy, in excellent condition, of an out-of-print >>>> title. An instructor has requested that we make a second copy to >>>> accommodate his large classes. Can we legally make a copy of this >>>> title? >>> >>> You can probably make a copy of an item at physical risk which has been >>> determined to be unavailable at fair market prices. You cannot, I believe, >>> put both the original and the copy into play (in other words, I think it'd >>> be ok to make a working copy of an OP item, but the original should not be >>> circulated) >>> >>> >>>> 2. We have a 16mm copy of an out-of-print title that we legally copied >>>> on to VHS. The same instructor has requested that we make two additional >>>> copies of this title to accommodate the same class. How many copies of >>>> an out-of-print title can we legally make? >>> >>> one >>> >>> >>>> 3. Where might I find a reference to these two questions/answers in the >>>> copyright law for our future copyright questions? >>> >>> The copyright law does not specifically address this issue in relation to >>> video. It does address copyring of phonograph recording, however, and >>> that's the hook most of us have been using. See Title 17 US Code (The >>> copyright law) Sec. 108. Limitations on exclusive rights: Reproduction by >>> libraries and archives. >>> >>> >>>> Thanks in advance for your help! >>>> Cecilia >>>> >>>> >>>> Cecilia Hurt >>>> churt@library.unt.edu >>>> Assistant Media Librarian (Web Developer) >>>> Media Library/Multimedia Development Lab >>>> University of North Texas >>>> Denton, TX >>>> (940) 380-1640 >>> >>> Gary Handman >>> Director >>> Media Resources Center >>> Moffitt Library >>> UC Berkeley, CA 94720-6000 >>> 510-643-8566 >>> ghandman@library.berkeley.edu >>> >>> >> > > ********** > Jeff Clark > Director > Media Resources (MSC 1701) > James Madison University > clarkjc@jmu.edu > 540-568-6770 (voice) > 540-568-3405 (fax) > http://library.jmu.edu/media >