Re: Copyright

Gary Handman (ghandman@library.berkeley.edu)
Mon, 21 Oct 2002 09:18:10 -0700 (PDT)

OK...

Ten aftern nine am and I'm weighing in. I think you may be obfuscating
things, Jessica.

If a library has made a reasonable (well-documented) effort to acquire a
replacement of a title that it has legally acquired
AND
if it has been determined after such a search that the material is not
available at fair market price
THEN
I firmly believe it is reasonable (and within the strictures of current
copyright) to make a replacement copy. I also think that in such
circumstances making a video copy from a 16mm print or a DVD from a video
copy would hold up in court under the current terms of Section 108 of the
copyright law.

Anyone disagree?

At 09:03 AM 10/21/2002 -0700, you wrote:
>Ah so early on Monday
>Becky
>I think there is a key confusion here. You can NEVER transfer WITHOUT
>FIRST trying to track down and get permission. You must ALWAYS make
>a diligent effort to track the rights holder first. There is NO right
>to transfer from an obsolete format just because you want to or it is more
>convenient. If for instance you had an old 16mm print of SONG OF THE SOUTH
>you know who would sue you ASAP if you tried to transfer it just because
>they have DELIBERATLY chosen not to release it and they own it
>
>In any case 16mm , IT IS NOT DEAD YET and we still make new prints and rent
>our collection widely. I expect it will be MANY years before this would be
>a "dead" format.
>
>I realize that a lot of old educational titles are very hard to find
>or track down and my area is pretty much feature films ( which is why
>I freak out when someone mentions transferring them) but be VERY, VERY
>careful about what constitutes a diligent effort to track the rights
>and an obsolete format
>
>Jessica
>
>
>--
>Jessica Rosner
>Kino International
>333 W 39th St. 503
>NY NY 10018
>jrosner@kino.com
>
> > From: Becky Carolus <rjc@psulias.psu.edu>
> > Reply-To: videolib@library.berkeley.edu
> > Date: Mon, 21 Oct 2002 08:45:22 -0700 (PDT)
> > To: Multiple recipients of list <videolib@library.berkeley.edu>
> > Subject: Copyright
> >
> >
> > --Boundary_(ID_yVHvyRQq5sBePtEbRwBkXw)
> > Content-type: text/plain; charset=us-ascii; format=flowed
> > Content-transfer-encoding: 7BIT
> >
> > Okay, I'm in need of some clarification here. Penn State also holds a
> > large number of titles that are forever out of print, but we've been under
> > the assumption that we could not transfer these -- 16mm particularly -- to
> > VHS or DVD without tracking down and seeking permission from the film maker
> > when the original distributor is no longer in business. In addition, we've
> > been under the impression that we can't legally transfer from 16mm to VHS
> > in these instance since new 16mm equipment is still available for purchase,
> > even though we want to move in the direction of no longer support 16mm???
> >
> > 3/4" is cut and dried, but not 16mm.
> >
> > If this isn't the case, it will certainly make our lives much less
> > stressful in the next year or so.
> >
> >
> >
> > Becky Carolus
> > Administrative Assistant
> > Penn State MediaTech & UCIF
> > 203 Special Services Bldg.
> > 814-863-3101 / 814-863-3107 (fax)
> > rjc@psulias.psu.edu / rjc5@psu.edu
> >
> > --Boundary_(ID_yVHvyRQq5sBePtEbRwBkXw)
> > Content-type: text/html; charset=us-ascii
> > Content-transfer-encoding: 7BIT
> >
> > <html>
> > Okay, I'm in need of some clarification here.&nbsp; Penn State also holds
> > a large number of titles that are forever out of print, but we've been
> > under the assumption that we could not transfer these -- 16mm
> > particularly -- to VHS or DVD without tracking down and seeking
> > permission from the film maker when the original distributor is no longer
> > in business.&nbsp; In addition, we've been under the impression that we
> > can't legally transfer from 16mm to VHS in these instance since new 16mm
> > equipment is still available for purchase, even though we want to move in
> > the direction of no longer support 16mm??? <br><br>
> > 3/4&quot; is cut and dried, but not 16mm.<br><br>
> > If this isn't the case, it will certainly make our lives much less
> > stressful in the next year or so.<br>
> > &nbsp;<br><br>
> > <x-sigsep><p></x-sigsep>
> > <font face="Script MT Bold" size=4 color="#0000FF">Becky Carolus<br>
> > </font><font size=2 color="#0000FF">Administrative Assistant<br>
> > Penn State MediaTech &amp; UCIF<br>
> > 203 Special Services Bldg.<br>
> > 814-863-3101 / 814-863-3107 (fax)<br>
> > rjc@psulias.psu.edu / rjc5@psu.edu</font></html>
> >
> > --Boundary_(ID_yVHvyRQq5sBePtEbRwBkXw)--

Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley
ghandman@library.berkeley.edu
http://www.lib.berkeley.edu/MRC