Re: [Videolib] defunct companies

Gary Handman (ghandman@library.berkeley.edu)
Tue, 25 Mar 2003 15:52:49 -0800

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GRRRRRRRRRRRRRRRR

Look, Jessica...we ain't talking Metropolis here; we're talking
non-theatrical product once distributed by a single commercial firm and no
longer available in the marketplace. We're talking instances in which a
library has acquired a legit copy from said defunct firm and in which the
legit copy is either at physical risk or no longer playable on available
technology. I will absolutely go to the mat (with Title 17 and the DMCA
stuffed in my hip pocket) claiming and fighting for replacement copying
and/or format transfer as legitimate under current law. I think it's
incumbent upon us to make a documented, good faith effort to identify a
current acquisition source, but failing to do this, I say copying is a
responsible and institutionally supportable means of preserving our
collections.
And I say you're wrong about not standing up in court...I've nagged enough
legal folk over the years to place my money on my position...

God help us if we leave preservation of the cultural record to the sellers...

At 04:58 PM 3/25/2003 -0500, you wrote:
>I am going to try this one last time
>Distributors ARE NOT COPYRIGHT HOLDERS. The ONLY way you can legitimately
>begin to determine a "rights holder" is to do a COPYRIGHT search from the
>Library of Congress. All the various sections of copyright law that people
>have referred to on this list regarding the issue of making copies ALL
>refer to a reasonable search and if you don't do an LOC search I can
>guarantee that it would NEVER stand up to legal challenge.
>There are literally hundreds if not THOUSANDS of defunct media companies
>and you can't just copy something they USED to sell because THEY went out of
>business. Titles go in and out of print all the time for a wide variety of
>reasons and you don't get to copy something because you can't find it
>currently available. Start with the LOC search and see where it takes you
>--
>Jessica Rosner
>Kino International
>333 W 39th St. 503
>NY NY 10018
>jrosner@kino.com
>
> > From: "Lisa Flanzraich" <LFlanzra@Qc1.Qc.Edu>
> > Organization: Queens College, CUNY
> > Reply-To: videolib@library.berkeley.edu
> > Date: Tue, 25 Mar 2003 16:13:19 -0500
> > To: videolib@library.berkeley.edu
> > Subject: [Videolib] defunct companies
> >
> > If a film distributor is defunct like Films Inc. or CRM -- is it within
> > copyright
> > guidelines to make a copy of a tape ?
> > _______________________________________________
> > 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

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

Look, Jessica...we ain't talking Metropolis here; we're talking non-theatrical product once distributed by a single commercial firm and no longer available in the marketplace.   We're talking instances in which a library has acquired a legit copy from said defunct firm and in which the legit copy is either at physical risk or no longer playable on available technology.  I will absolutely go to the mat (with Title 17 and the DMCA stuffed in my hip pocket) claiming and fighting for replacement copying and/or format transfer as legitimate under current law.  I think it's incumbent upon us to make a documented, good faith effort to identify a current acquisition source, but failing to do this, I say copying is a responsible and  institutionally supportable means of preserving our collections.
And I say you're wrong about not standing up in court...I've nagged enough legal folk over the years to place my money on my position...

God help us if we leave preservation of the cultural record to the sellers...

At 04:58 PM 3/25/2003 -0500, you wrote:

I am going to try this one last time
Distributors ARE NOT COPYRIGHT HOLDERS. The ONLY way you can legitimately
begin to determine a "rights holder" is to do a COPYRIGHT search from the
Library of Congress. All the various sections of copyright law that people
have referred to on this list regarding the issue of making copies  ALL
refer to a reasonable search  and if you don't do an LOC search I can
guarantee that it would NEVER stand up to legal challenge.
There are literally hundreds if not THOUSANDS of defunct media companies
and you can't just copy something they USED to sell because THEY went out of
business.  Titles go in and out of print all the time for a wide variety of
reasons and you don't get to copy something because you can't find it
currently available. Start with the LOC search and see where it takes you
--
Jessica Rosner
Kino International
333 W 39th St. 503
NY NY 10018
jrosner@kino.com

> From: "Lisa Flanzraich" <LFlanzra@Qc1.Qc.Edu>
> Organization: Queens College, CUNY
> Reply-To: videolib@library.berkeley.edu
> Date: Tue, 25 Mar 2003 16:13:19 -0500
> To: videolib@library.berkeley.edu
> Subject: [Videolib] defunct companies
>
> If a film distributor is defunct like Films Inc. or CRM -- is it within
> copyright
> guidelines to make a copy of a tape ?
> _______________________________________________
> 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

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

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