Re: copyright question

Jessica Rosner (jrosner@kino.com)
Fri, 28 Feb 2003 12:07:10 -0800 (PST)

We have been through this one. You need to do EVERYTHING in your power to
contact the rights holder to get permission ( which there is almost NO
chance of getting). Basically you can pretty much forget this on feature
films. Just because whatever studio or rights holder has decided not to
release a film on video ( which ITSELF may be an endangered format) NEVER
gives you the right to make a transfer without permission you will never
get.
If you are talking about non-fiction films, it may be more problematic.
You can't just send a letter to last known address of company you got it
from and assume that would cover you legally. You would FIRST have to do
a copyright search to determine if it was copyrighted and to whom.
If AFTER that you made a really good faith but unsuccessful effort to locate
copyright holder , you might have a case for a copy but don't delude
yourself into thinking you are "preserving" it for anyone but your own use.
Realistically it would cost you a few hundred dollars in time & legal fees
to do the above so it is not very practical

Basically most media formats have a finite life and when your item comes to
the end of its life , that is pretty much it. The VAST majority of 16mm were
sold or leased as EITHER a limited term contract ( 7 years) or a "life of
print lease" In NEITHER case would have any legal right to copy it because
it was deteriorating . Them's the breaks

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

> From: Sarah Andrews <sarah-andrews@uiowa.edu> > Reply-To: videolib@library.berkeley.edu > Date: Fri, 28 Feb 2003 11:49:34 -0800 (PST) > To: Multiple recipients of list <videolib@library.berkeley.edu> > Subject: Re: copyright question > > What if your 16mm has degraded, is nearly unplayable, and you need to make > a preservation copy because it is out of print? > Do you need to make a 16mm copy again? > > Sarah Andrews > University of Iowa Libraries > > >