How bout this one

Jessica Rosner (jrosner@kino.com)
Mon, 21 Oct 2002 12:01:35 -0700 (PDT)

Ok just for one an example.
As most of you know Kino has acquired the rights to Metropolis in a
beautifully restored version and it is UNDER copyright. Obviously any old
copies film or video in collections are legit as they pre-date the 1996
copyright under GATT. We have been TRYING to get current illegal videos and
DVD's off the market but here is my question
As many of you know there was a funky "Moroder" version released in the
early 80's with a rock soundtrack. It has been out of print since about
88 on video and later on film. Suppose you owned a 16mm print of this?
You Can't EVER get permission from the rights holder because this version
is no longer available. Moroder holds the music rights. Some people actually
like this version. If a professor wanted a copy of this from a 16mm ( or
detonating video) is it OK to make it , even though you are violating both
the rights of the current copyright holder ( Kino) and the music rights?
This is NOT on isolated question. Thousands and thousands of feature films
which have been available on video and or 16mm are out of print. The studios
or companies that own them have CHOSEN not to either keep them in print or
put them out on DVD.
I think if you started copying a bunch of out of print videos because they
are unavailable because rights holder SPECICALLY DECIDES NOT TO RELEASE then
you are knee deep in you know what.

I believe there are two very different issues , films where you can't find
the rights holder and films where the rights holder does not want a title
out.If you really think courts would uphold your copying a studio owned film
that they choose not to put out on DVD or VHS, good luck in court

All of this said I think most of what you are talking about is
educational material where YOU CAN'T FIND the rights holder after
a serious effort. I just don't want this confused with feature
material where right's holders for many different reasons
can't or don't keep every title in print in the most convenient
format.

-- 
Jessica Rosner
Kino International
333 W 39th St. 503
NY NY 10018
jrosner@kino.com