Re: Copyright Questions

Jessica Rosner (jrosner@kino.com)
Tue, 15 May 2001 13:55:44 -0700 (PDT)

I PROMISE this is my last post on this.
Gary
The question was about a transfer from 16mm to VIDEO. Lots and Lots of
videos go out of distribution for lots of reasons. You Don't get to copy say
Man in the Glass Booth or Eraserhead because they are not in distribution .
Now if you absolutely positively conducted a full scale copyright search and
can not locate any owner this might be different but just being out of print
or not being available in the easiest format does not allow you to make a
copy.
Under your scenario what would happen if you did find the copyright owner
and they either said no or wanted $1,000. Is is still ok since it is not
available at a "fair market price" Sorry it is not just a slippery slope
it is drop off a cliff.

I have an example for you. Yeelen has been unavailable on video for around 5
years. We have the rights but it is taking longer than we would like to get
a new master and reissue it. If your copy ( and I am sure you have one) was
breaking down, is it still OK for you to make one if we say no you have to
wait till we are ready to put it out ?

Just asking

-- 
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 13:10:19 -0700 (PDT) > To: Multiple recipients of list <videolib@library.berkeley.edu> > Subject: Re: Copyright Questions > > Jessica: > > You're a library. You've bought a tape legally. It goes out of > distribution (a fact you've determined after assiduous > investigation). Your original becomes rickety. I'd say that Section 108 > covers your behind as far as making a single working copy (as Jeff Clark > has pointed out). Now, we're pretty much talking about in-house use here, > I think...not circulating copies. > > gary > > > > At 11:27 AM 05/15/2001 -0700, you 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 >>> >>> > > Gary Handman > Director > Media Resources Center > Moffitt Library > UC Berkeley, CA 94720-6000 > 510-643-8566 > ghandman@library.berkeley.edu > >