Re: Copyright

Jessica Rosner (jrosner@kino.com)
Mon, 21 Oct 2002 09:30:05 -0700 (PDT)

Yes I would disagree. How in the WORLD could you justify making a VHS from a
DVD? Also 16mm IS NOT DEAD , just very inconvenient under present
circumstances. I also would not want to be the party crossing the
"fair Market " issue?. It was my understanding that section 108
applied to RECORDINGS not film . In any event I will try to get
a friend of mine who really is an expert on this to post ( and he works for
an archive not a studio)

I suppose it is because I think again in "feature film" terms rather
than Educational films that I seem so nasty but I can't see ANY
circumstances where a rights holder would allow you to transfer a 16mm
FEATURE film to VHS, just because they have CHOSEN not to release it on
video or DVD. I seriously doubt you would have a chance in court on this.
As for the educational stuff that may really be "lost" re distribution, I am
not sure.

FYI the reason I mentioned doing a dilegent search is that the original post
indicated that if a format were presumed "dead" they could transfer it
WITHOUT making a search

-- 
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: Mon, 21 Oct 2002 09:15:18 -0700 (PDT) > To: Multiple recipients of list <videolib@library.berkeley.edu> > Subject: Re: Copyright > > 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 >