[Videolib] Copyright ( My last word)

Jessica Rosner (jrosner@kino.com)
Wed, 28 Apr 2004 10:57:26 -0400

Well after two Cub blowouts in AZ I am too deflated to go on with this
and I am sure everyone is suitably bored but a few random points

Assume that you believe that section 108 allows you to copy any damaged ,
lost or stolen work ( by the way how do you copy a lost or stolen video ?)
work that you can't replace at "reasonable" price, one thing that is VERY
clear is that this for research/ archival use and could not therefor ever be
used in a class which I confess is my main paranoia. I am also curious on
defining terms like damaged ( is a 16mm doing red, a vhs getting jumpy?) and
even more the concept of replacement at fair price. If you were referring
for instance to a 16mm FEATURE film , most of these cost over $1,000 and in
fact costs have gone up but SWANK for instance will still lease a 16mm of
most of their library but they run $3,000 on up for something you probably
really want on DVD anyway. Here is a video example I was thinking about.
Kino used to own the home video rights to Aki Kaurismaki's THE MATCH FACTORY
GIRL ( one of my favorites) but they expired a few years ago and a deal to
license them for DVD to another company from the owner fell through and the
are currently being "shopped" around. Suppose your video copy was damaged,
and you can't get a new one because it out of print. Do you believe section
108 allows you to make a DVD under these circumstances. I am just asking but
personally I don't believe this is either the intent or letter of the law
and this is the kind of thing I worry about.

Lastly I never meant to imply that anyone would really get sued because
as a practical matter you could burn your entire media collection on DVD
and be pretty sure you would never get caught. My point was that if you
believe that you what are doing is legal , you should inform the rights
holder ( assuming that you know who it is) and be willing to stand up
for your position.

I am more or less feature film centric and I realize that there are
serious issues with legitimately rare, impossible to replace or track down
educational material but I worry about the slippery slope.

For the record I think you guys do a great job trying to protect
rights especially in relation to academics & students who often
seem to have little concern or understanding of the issues involved

Now if Maddux does not win tonight I am going be REALLY, REALLY

Jessica Rosner
Kino International
333 W 39th St. 503
NY NY 10018

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