Re: Copyright

Gary Handman (ghandman@library.berkeley.edu)
Mon, 21 Oct 2002 11:18:14 -0700 (PDT)

Read my lips, Jessica: 16 mm is a projected, programmed medium
exclusively. The format has very little to do with collection building or
with classroom use, for that matter. A title legally purchased in 16mm
that goes out of distribution is up for copying, in my book... Rental has
nothing to do with nothing...

gary

At 09:30 AM 10/21/2002 -0700, you wrote:
>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
> >

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