Re: [Videolib] Duplicating 3/4'' to 1/2''

Jessica Rosner (jrosner@kino.com)
Tue, 18 Mar 2003 17:57:04 -0500

um this is not brain surgery. all it takes for a BASIC copyright search is
a good researcher. LOC will do this for about $50 or a private researcher
for may be a little more. THIS IS CONSIDERED BASIC and I don't think
anything would hold up in court without a standard LOC search because it is
pretty much the first step for ANY copyright search.

I think this is a bit of a Red Herring because the bigger issue as posed in
this newsgroup seemed to be going ahead and copying something EVEN if you
could locate the copyright holder IF they chose not to make it available in
the most convenient format. This is the thing that REALLY scares me as
a representative of rights holder. Again if anyone thinks that is OK to
make a copy from say 16mm to video of a studio feature film that has not
been released on video or DVD , than I challenge you to do so AND INFORM the
rights holder that you have done it. If it is totally legal than you have
nothing to fear

Jessica
( who is back to being copyright grinch ie rights holder

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

> From: Mark Richie <Media2@bellatlantic.net> > Organization: EMTC > Reply-To: videolib@library.berkeley.edu > Date: Tue, 18 Mar 2003 17:24:55 -0500 > To: videolib@library.berkeley.edu > Subject: Re: [Videolib] Duplicating 3/4'' to 1/2'' > > Hm m m m m m m . . . . > Actually the standard for a "reasonable effort" is not that > high. It is spelled out in the Report Version of the > Copyright Law ( No. 94-1476) on page 76 and repeated > elsewhere. The Additional Views section of Title 17 was > written by the judiciary committee staff (read lawyers) > including the late Ivan Bender. This is where to turn to > get an explanation of what the language of each section was > INTENDED to mean or the thinking behind the wording along > with some examples. > > According to the Report version of Title 17 the search for > an unused copy of an out of print work will, "vary according > to the circumstances of a particular situation. It will > always require resources to commonly-known trade sources in > the United States, and in the normal situation also to the > publisher or other copyright owner (if the owner can be > located at the address listed in the copyright > registration), or an authorized reproducing service." > > BTW the line in parentheses is just as it shows in the > report. But clearly it is not a particularly high standard > and does not require a library to hire a private > investigator to track down the current copyright owner, nor > does it necessarily require searching outside the US for an > unused copy. > > Also, the 1998 revision of Section 108 changed the language > from "fair price" to "reasonable price." (108 (2)(b) Which, > presumably would allow a litigate to apply the "reasonable > person" standard if the price of obtaining the unused copy > for the purpose of scholarly research or preservation was > exhorbatant. > > 108(2)(b) can get confusing because Section 108(2)(i) > is the same wording as the old 108(2)(h) and the old 108 > (2)(i)was eliminated because the legal requirement of the > five year report had been fulfilled. > > Other language changes to the section on permissions adds > during the "last 20 years of any copyright term" INCLUDES > "performance" for scholarship. Previously it was pretty > clear you could make an archival or preservation copy but > you couldn't circulate it or display or perform the work. > > So the word to copyright holders is to send a change of > address notice to the Copyright notice asking that it be > attached to the original copyright registration file. > > Mark Richie > disclaimer: I am not a lawyer and I am not giving legal > advice. But I am a librarian, I just don't look like one . > . . . > > > > > > Ben Achtenberg wrote: >> >> I'm very curious to know how one could claim to have made a "reasonable >> effort" to find a new copy without having also made a reasonable effort to >> find the copyright holder -- i.e., the person or legal entity with the >> right to control the making and sale of such copies. >> >> Please note that the legal standard for "reasonable effort" is quite high >> these days. A query to your favorite listserv (even this one) and a quick >> "google" will not suffice. >> >> Please note also that the standard for what is a "fair" price is not >> something that you get to decide for yourself, any more than you can decide >> for yourself what you think is a fair price for the car you'd like to buy. >> There are legal criteria for "fairness" in this area as well. >> >> Ben >> >> At 06:38 PM 3/12/03 -0700, you wrote: >>> I've said it here before, and I will continue to say it.... >>> >>> US Copyright Law *SPECIFICALLY* grants permission to libraries to duplicate >>> materials in their collections when: >>> >>> the original is worn, damaged or in an obsolete format (3/4" is generally >>> regarded as obsolete) >>> a *reasonable* effort has been made to find a *new* replacement copy at a >>> *fair* price >>> >>> IF you meet these provisions, you do NOT need to track down the copyright >>> holder and seek permission to make these copies. >>> >>> While some on this list will vehemently argue against me on this... >>> I stand behind the copyright law, chapter and verse: Title 17. Chapter 1. >>> Sec.108. >>> >>> http://www4.law.cornell.edu/uscode/17/108.html >>> >>> >>> >>> >>> 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 >>> >>> >>> >>> >>> >>>>>>> KStanton@library.unt.edu 03/12/03 10:35AM >>> >>>> >>>> Hi >>>> >>>> My library is weeding out all of our 3/4inch tapes and my job is to >>>> track down the copyright owners and get permission to make 1/2inch >>>> transfer for the titles we want to keep. There are a few titled I >>>> haven't been able to find anything on. If anybody has any info it >>>> would >>>> help a lot. Thanks. >>>> >>>> Symphony No. 6 in F Major, Op. 68 >>>> dir: Robert Saudek (1970) >>>> >>>> Debs >>>> American Peoples Historical Society (1979) >>>> >>>> Lighting and Staging Techniques >>>> Imero Fiorentino Associates, Inc (1980) >>>> >>>> Also- We have a film called Future Shock(1972) which Metromedia >>>> Producers Corp. was responsible for. I believe FOX took over >>>> Metromedia, >>>> but when I contacted them I was told they do not hold the rights to >>>> this >>>> film. Any ideas where else to look. Thanks again. >>>> >>>> K. Stanton >>>> Special Projects Supervisor >>>> University of North Texas, Media Library >>>> kstanton@library.unt.edu >>>> >>> _______________________________________________ >>> Videolib mailing list >>> Videolib@library.berkeley.edu >>> http://www.lib.berkeley.edu/mailman/listinfo/videolib >> >> Ben Achtenberg / Fanlight Productions >> 4196 Washington Street, Boston, MA 02131 >> (617) 469-4999 Fax: (617) 469-3379 >> Email: Ben@Fanlight.com >> >> ******************************** >> VISIT OUR WEBSITE: www.fanlight.com >> ******************************** >> >> _______________________________________________ >> Videolib mailing list >> Videolib@library.berkeley.edu >> http://www.lib.berkeley.edu/mailman/listinfo/videolib > _______________________________________________ > Videolib mailing list > Videolib@library.berkeley.edu > http://www.lib.berkeley.edu/mailman/listinfo/videolib

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