Re: [Videolib] Reasonable Effort and Fair Price

Jessica Rosner (jrosner@kino.com)
Tue, 18 Mar 2003 20:40:07 -0500

Deg
per my previous post you are NOT looking for a DISTRIBUTOR in this case but
the OWNER which is not at all the same thing so I can't see how you could
ever justify copying an item WITHOUT a standard copyright search from the
Library of Congress. This is absolutely the most basic step taken to
determine ownership of film.

The price issue is a slippery slope. The American Film Theatre titles ( to
put in a cheap plug) sold for hundreds of dollars EACH and in one case $1400
( not to a library) but this was the "market" price for a Very, Very rare
out of print video and who is to say it was not "fair"

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

> From: Deg Farrelly <DEG.FARRELLY@asu.edu> > Reply-To: videolib@library.berkeley.edu > Date: Tue, 18 Mar 2003 18:49:43 -0700 > To: "'videolib@library.berkeley.edu'" <videolib@library.berkeley.edu> > Subject: [Videolib] Reasonable Effort and Fair Price > > Since I posted the note about copyright provisions allowing for copying, I > will take the first stab at answering this one.... > > Reasonable effort to me mean - in addition to attempts to contact by phone > and in writing the last known distributor of a title - consulting standard > reference sources (such as Variety Video Directory and OCLC WOrld Cat), > checking major vendors' catalogs, and online distributors such as Facets and > Amazon, and posting to appropriate discussion lists. > > What other reasonable efforts do others make? > > "Fair price" is not defined by the law. So it is open to interpretation. > Is $100 a fair price for a new copy of an out of print title? $1000? That > will depend on the title, and the buyer. > > > 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 > > > > > 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.>> > > _______________________________________________ > Videolib mailing list > Videolib@library.berkeley.edu > http://www.lib.berkeley.edu/mailman/listinfo/videolib

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