[Videolib] Public performance rights question

Jessica Rosner (jrosner@kino.com)
Fri, 17 Sep 2004 10:09:06 -0400

Jed
Roughly 98% of all films made by studios are under copyright back to 1923.
The films in question were described as "classics" which I assume to be
feature films from studios. There are famous cases were films did go PD
usually because they were independently produced to if NOTHING SACRED
or SUDDENLY happen to be in the lot fine , however the odds of a feature
film being in the Public Domain are VERY, VERY remote
And as usual you have it BACKWORDS. You need to assume films, videos etc
ARE COPYRIGHTED unless you have proof to the contrary unless you want to
get in a lot of legal trouble. It is hardly "totalitarian" to assume
something is under copyright.
-- 
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: Fri, 17 Sep 2004 09:21:46 -0400 > To: <videolib@library.berkeley.edu> > Subject: RE: [Videolib] Public performance rights question > > Jessica, > I am sure you are correct on the history of collecting movies. Not every > film is under copyright and even some that are have waived PPR for various > intentional and unintentional reasons. I still think this needs to be > addressed on a movie by movie basis and one should not assume that something > is not permitted unless it is specifically so stated. This is the > anti-thesis of a free society. It is in fact the basic rule of a > totalitarian one. > Jed > > -----Original Message----- > From: videolib-bounces@library.berkeley.edu > [mailto:videolib-bounces@library.berkeley.edu]On Behalf Of Jessica > Rosner > Sent: Thursday, September 16, 2004 6:07 PM > To: videolib@library.berkeley.edu > Subject: Re: [Videolib] Public performance rights question > > > Virtually no copyrighted 16mm films were sold with any kind of unlimited or > transferable public performance rights. Prints were sold over the years > by companies representing studios to libraries and Universities but these > prints were with rights for showing ONLY at the place that purchased them > ( which in some cases might include a whole system of libraries) they would > not transfer to an individual ( Also they were supposed to be returned at > the end of o contract but there was not all that much follow up in some > cases) Frankly it much more likely that the private collector got his > prints from a TV station as this was a more common source > > Bottom line there would be NO LEGAL right to project a film still under > copyright and under circumstances described Library would have legal > liability for doing this. It is possible to "clear" the screenings via > current rights holder but it would probably be expensive > -- > Jessica Rosner > Kino International > 333 W 39th St. 503 > NY NY 10018 > jrosner@kino.com > 212-629-6880 > >> From: "Barbara Rhodes, Media Consultant, Northeast Texas" >> <medialibrarybird@earthlink.net> >> Reply-To: "Barbara Rhodes, Media Consultant, Northeast Texas" >> <medialibrarybird@earthlink.net>, videolib@library.berkeley.edu >> Date: Thu, 16 Sep 2004 10:55:36 -0500 (GMT-05:00) >> To: Videolib list <videolib@library.berkeley.edu> >> Subject: [Videolib] Public performance rights question >> >> I suspect I know the answer to this question, but I told the librarian who >> asked me that I would submit it to the combined copyright expertise on > this >> list for additional feedback. The public library in question has a > patron >> who has offered to show 16mm film "classics" from his personal collection > at >> the library and conduct a film discussion group. The librarian does not > know >> what the exact origins of this collection are and has no idea if any > public >> performance copyright fees were paid on the material. She and I both > think >> that the collector has bought these from a variety of sources over time > and >> therefore, probably has no specific PPR permissions. On the other hand, > the >> materials are in 16mm, a presentation format, so once upon a time the > titles >> may well have had PPR attached. >> >> My first reaction was to advise her against using the films in the library >> meeting room--what do you folks think? >> >> Thanks for you counsel. >> >> Barbara Rhodes >> Media Consultant >> Northeast Texas Library System >> _______________________________________________ >> 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