-- 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: Fri, 28 Feb 2003 12:25:24 -0800 (PST) > To: Multiple recipients of list <videolib@library.berkeley.edu> > Subject: Re: copyright question > > 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 >