[Videolib] Re: promotional copies

Milos Stehlik (mstehlik@comcast.net)
Tue, 10 Aug 2004 13:14:34 -0500

Jessica is absolutely correct. Technically, anyone requesting or getting a
screener should either write about the film or promote it in some way or be
in a position to make a buying decision. Production of the screeners, after
all, has to be paid from revenue generated by the sales of that film -
which, after all, does not arrive at the distributor's door with no costs
attached.

Fortunately, most librarians know well the chain of command, and the fact
that one of the primary functions of distribution is to return the cost of
making the films to the filmmaker. This is important to a studio, but it is
critical to an independent - and here is where the abuse of screeners, if
any, really hurts both the artist and the art form.

Milos Stehlik
Facets Multi-Media, Inc.
1517 West Fullerton Avenue
Chicago, IL 60614 USA
Voice: 1-773-281-9075
FAX: 1-773-929-5437
milos@facets.org

-----Original Message-----
From: videolib-bounces@library.berkeley.edu
[mailto:videolib-bounces@library.berkeley.edu] On Behalf Of Jessica Rosner
Sent: Tuesday, August 10, 2004 12:34 PM
To: videolib@library.berkeley.edu
Subject: Re: [Videolib] Re: promotional copies

Ok I KNOW I should let this drop but I am truly shocked that people who
should know better think it is fine to take screeners sent by companies to
critics and put them in library collections. How many declaimers is a
company supposed to put on to make it clear that these are for personal use
? Has any library got "proof" copies of books on it's shelves ?If in fact
the question which started this were for Emmy consideration these are
generally individual episodes sent out exclusively for this purpose and
bear little or not relation to the commercial versions later sold.
Companies like Kino frequently send out screeners of films just showing in
theatres and may not be on video for a year. Companies have enough trouble
with pirate videos, bootleg imports etc, the idea that critics or whoever
would think it was OK do donate screeners and that libraries would think it
is OK to use them in a collection is truly beyond me. While there are
clearly contract issues involved, it is more than anything a staggering
violation of trust.
Virtually every librarian I know politely rejects these offers and I know
the list has come to the same conclusion in the past so I will leave it
at that

Jessica

PS You might get a second copy of this because due to my confusion
with Ryan's name being first it hit the UCB censor and I could not figure
out why

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

> From: "Ryan Whitehead" <ryan@facets.org> > Reply-To: ryan@facets.org, videolib@library.berkeley.edu > Date: Tue, 10 Aug 2004 10:41:36 -0500 > To: <videolib@library.berkeley.edu> > Subject: RE: [Videolib] Re: promotional copies > > I just looked at the sticker on several promotional copies. It reads "FOR > PREVIEW ONLY - Not For Sale of Rental." Even if you assume that any time > someone places a disclaimer anywhere on an object or message that you are > obliged to abide by the stated terms as if they were contractual, this > doesn't specifically forbid library "lending"; it is not "sale" or "rental"; > right? Nor, strictly speaking, is it "distribution." And aren't library > patrons merely "previewing" the film? Perhaps they will later purchase a > copy? One can dismiss this as semantics, but Jed's point that copyright > pertains only to copying and certain types of performances is the real item > under contention, not his contention that lending screeners is a moral act > of disobedience. I can see why many will consider staking claim to the moral > high ground to be a stretch. > > Sincerely, > > Ryan Whitehead > > DISCLAIMER: Reading this message implies a contractual agreement to send me > 85% of your current net worth. Failure to do so will be considered a breach > of contract and appropriate legal action will be taken. You have been > warned! > > > -----Original Message----- > From: videolib-bounces@library.berkeley.edu > [mailto:videolib-bounces@library.berkeley.edu]On Behalf Of Jessica > Rosner > Sent: Tuesday, August 10, 2004 9:39 AM > To: videolib@library.berkeley.edu > Subject: Re: [Videolib] Re: promotional copies > > > Normally I would leave this alone since the answer is an obvious no > but the idea that you would be setting a good "moral" example by using them > is so absurd I have to comment. Screeners are sent by companies to critics > Academy voters etc who agree NOT to give them out, that is WHY they have the > notice to begin with. The person offering the "donation" is in my mind > committing the immoral act by offering something he was told not to give out > These are SCREENERS not intended for public use which is EXACTLY why they > have the warning right on the box and the tape. This IS a contract in black > and white > On the PRACTICAL side most screeners have pop up warnings throughout the > tape and I would startled if some or most of these did not so they would > be unlikely to be of any use anyway. > > On a personal note, I find it reprehensible that Jed thinks it is fine > to give away screeners with clear warnings from companies that presumably > sent them as review copies or to be used on his search engine > Don't expect any from Kino > > Jessica Rosner > Kino International > 333 W 39th St. 503 > NY NY 10018 > jrosner@kino.com > 212-629-6880 > >> From: "Jed Horovitz" <JedH@internetvideoarchive.com> >> Reply-To: videolib@library.berkeley.edu >> Date: Tue, 10 Aug 2004 09:59:46 -0400 >> To: <videolib@library.berkeley.edu> >> Subject: RE: [Videolib] Re: promotional copies >> >> As someone who has been getting all kinds of promos, since they were > vinyl, >> I can tell you it comes down to the issue of do you believe that 'shrink >> wrap' licenses supercede the 'first sale doctrine'. If you do, then you >> can't use them because they are limited by that license. If you think > that >> a one sided notification is not a contract or if you think that a contract >> between two other parties is not binding on a third or if you think that > the >> agreement is made moot by a 'constitutional right' than you can use them. >> >> On a practical note, what is your liability? Copyright does not pertain > to >> the object just the copying and certain performances. If it is a valid >> contract, than are you a party? >> >> In my opinion it is a moral question. What does your institution believe >> and what example does it want to set? I think you should use them. I > have >> been donating mine to the FOL for years and will continue to do so unless >> the sender(s) asks me to return them after viewing and pays the shipping. > I >> never sell them. These are my personal terms of use. >> >> Jed >> >> -----Original Message----- >> From: videolib-bounces@library.berkeley.edu >> [mailto:videolib-bounces@library.berkeley.edu]On Behalf Of John F. >> Fossett >> Sent: Monday, August 09, 2004 6:34 PM >> To: videolib@library.berkeley.edu >> Subject: [Videolib] Re: promotional copies >> >> >> Hey, >> One of our patrons has donated his collection of videos to the library. > The >> catch: He's votes on the Emmys and these are all copies given to him for >> review. I told the branch manager that I don't belive we can add them, all >> have "Not for sale or distribution" labels. Anyone care to share their >> knowledge? >> Regards, >> John >> >> >> Ignorance more frequently begets confidence than does knowledge. - >> Charles Darwin >> >> John F. Fossett >> Media Librarian >> Kitsap Regional Library >> 1301 Sylvan Way >> Bremerton, WA 98310 >> (360)405-9101 >> john@krl.org >> >> _______________________________________________ >> 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 > > > _______________________________________________ > 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

_______________________________________________ Videolib mailing list Videolib@library.berkeley.edu http://www.lib.berkeley.edu/mailman/listinfo/videolib