Re: copyright question

Gary Handman (ghandman@library.berkeley.edu)
Fri, 28 Feb 2003 12:25:42 -0800 (PST)

I'm gonna go out on a limb here, Jessica. A feature film that was legally
acquired on 16, is no longer commercially available (with a documented good
faith attempt to acquire replacement), and is physically at risk is, in my
book, grist for preservation copying (yes, onto video even). You're
basically proposing that libraries allow a legally-acquired title in a
collection crumble into celluloid and dust because the item is not
replaceable and transfer rights are not forthcoming...I say that's not an
option for responsible for collection managers. I do it first; cease and
desist later...

At 12:07 PM 2/28/2003 -0800, you wrote:
>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
> >
> >
> >

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