Re: [Videolib] Copyright update

Jessica Rosner (jrosner@kino.com)
Tue, 27 Apr 2004 17:55:18 -0400

> From: Troy Davis <tdavis@email.lib.utk.edu>
> Reply-To: videolib@library.berkeley.edu
> Date: Tue, 27 Apr 2004 16:18:42 -0400
> To: videolib@library.berkeley.edu
> Subject: Re: [Videolib] Copyright update
>
> Well, my first thoughts are that your specialist is, again, with all due
> respect, wrong. Section 108(i) does indeed bar copying, for a patronšs
> private study or for interlibrary loan, of a musical work, a pictorial,
> graphic or sculptural work and an audiovisual work or motion picture.
> Section 108 however places NO limits on the types of works that can be
> copied for preservation purposes. In fact, three copies can be made,
> and one of Œem can be digital.

Well you lost me there as it does exclude motion pictures.
This person in fact an expert in this and much as I post I am not
He had always told me that this section was for audio but frankly I never
followed it. From a logical point of view do you really think major rights
holders like studios would permit copying of their feature films onto DVD
just because your old video is deteriorating? If you don't think they
rule the roost on this check out the 20 year extension they got Congress to
pass.
As for "preserving" a deteriorating item, preserving for whom ? It is the
nature of the beast that books, videos, dvds eventually will deteriorate
Unless you have reason to believe you possess THE ONLY KNOWN COPY of such a
work this argument does not hold ( and if you think it is a unique copy
PLEASE contact the Library of Congress ASAP).

Much of this boils down to cost & convenience. 16mm, & video are no longer
convenient formats and many materials bought years ago are in bad shape
This is unfortunate but legally it does not entitle you to make a digital
copy.

I know I SEEM like the big bad wolf on this but I am usually very
accommodating on rights & materials, however as a representative of a
distributor I worry about the ease with which people will justify copying
copyrighted material.My company has lost the rights to hundreds of films
over the years many of which may never reappear in film, video or DVD
does this mean that a library can make a DVD when the owner will not even
allow it to be distributed in the US ?
I DO understand it is frustrating when a a title you have used in the past
is no longer available but it happens and you can't just make copies
because a professor is going to be VERY upset. Researchers are free
to go to Library of Congress and other archives to see and research films
but there is no right to show every film ever released on 16m or video in
your class or have your library.

Jessica Rosner
Kino International
333 W 39th St. 503
NY NY 10018
jrosner@kino.com
212-629-6880

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