RE: How bout this one

Deg Farrelly (DEG.FARRELLY@asu.edu)
Tue, 22 Oct 2002 13:00:25 -0700 (PDT)

Jessica has constructed a scenario regarding copying and asks if under these
circumstances it is OK to copy a deteriorating print. I *think* her opinion
is that it is NOT OK, since the distributors have chosen not to release (or
re-release) a title in a particular format, and would never grant permission
to make the copy.

But the US Copyright Law says NOTHING about seeking *permission* to make the
copy. The LAW grants the permission when specific criteria are met. Among
those criteria are:

lost, damaged or deteriorating copy
copy in the collection
unable to locate a *new* copy
at a *reasonable* price
after *reasonable* effort

http://www4.law.cornell.edu/uscode/17/108.html

In my opinion exercising the rights that the US Copyright law extends to
lending libraries is not a violation of the rights of the copyright holder.

The law makes no differentiation between feature or educational materials,
fiction or non-fiction, etc. The fact that the title is a feature film is
moot.

And by the way... I personally happen to like the Moroder version of
Metropolis (as long as the sound is turned off)

: )

deg farrelly, Associate Librarian
Media/Communications Studies/Women's Studies
Arizona State University West
P.O. Box 37100
Phoenix, Arizona 85069-7100
Phone: 602.543.8522
Email: deg@asu.edu

**********

Date: Mon, 21 Oct 2002 13:41:35 -0400
From: Jessica Rosner <jrosner@kino.com>
To: videolib <videolib@library.berkeley.edu>
Subject: How bout this one

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.