[Videolib] Public performance rights question

Redmond, Shauna (SRedmond@cityofpasadena.net)
Tue, 21 Sep 2004 17:03:46 -0700

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Well said, Jed.

Shauna Redmond
Pasadena Public Library

-----Original Message-----
From: videolib-bounces@library.berkeley.edu
[mailto:videolib-bounces@library.berkeley.edu]On Behalf Of jed horovitz
Sent: Tuesday, September 21, 2004 4:07 PM
To: videolib@library.berkeley.edu
Subject: RE: [Videolib] Public performance rights question

Dennis, Susan and Jessica,

A. Dennis, I have been in the film and video business for almost 30 years.
I have worked for independents (roger corman, pierre gaisseau, hugh hefner)
and studios and educational producers and myself. I know lots of people. I
am sure I don't know most of the people who work in independent media
production. I don't think you can claim that you or Jessica know everyone.
I don't even think you can claim you know everyone in the educational film
area. I wish you would stop trying to lord it over people.

B. We all know you don't get rich from educational anything. Everyone on
this list thinks creators should be paid (at least those who have posted)
and I am willing to bet that most of them (like me) think publishers and
distributors serve a valuable function and should be paid as well. From
what I can tell, the objection is to over-reaching copyright, unlimited
copyright, intimidating copyright and the resulting loss of cultural
continuity and the opportunity to participate in audio-visual use and
re-creation without hiring a lawyer. Technological change has made some
great uses (and abuses) of copyright possible. Large corporations, in their
soul less way, have tried to stop the tide of progress. Why do you put
yourself in the role of the little Dutch boy? It is not your fight.

C. I was the one who sees a totalitarian attitude in copyright law. If
you walk across my lawn I can ask you to leave. If you don't, you are
trespassing. Unless I post a sign, I have to assert my property right. If
I sue you for damages, I have to prove that you hurt me by walking across
the lawn. Copyright law assumes you are guilty until proven innocent and
awards statutory damages that far exceed the cost of most users' rights.
This CHILLING EFFECT is what has made things so unbalanced. Do you really
want to live in society where you have to get permission to do everything?
Controlling media expression is the first step to controlling expression is
the first step to controlling thought is the first step to controlling
action. Please don't take this personally, I doubt you would ever use your
copyrights to control other free thoughts and this is just about business to
you BUT this is unfortunately a law that applies to all (not just the nice)
people.

D. The copyright 'needs' of the educational media sector (creators,
aggregators and users) is different than the copyright 'needs' of the
independent feature sector which is different than the 'needs' of the mass
entertainment arena. The fact that they all have the same rules is a
symptom of what is wrong. This is a difficult OPTIMIZATION problem not the
maximization of property values problem you have bought in to.

E. As a creator, I am aware that I may lose a bit of control in exchange for
a culture with more freedom. I doubt it will hurt me much since 'piracy is
a progressive tax'. I doubt it will hurt you or any other distributor to
the library market. In fact, I doubt the 'hurt' would be much for everyone.
You can always raise your prices.

Jed

-----Original Message-----
From: videolib-bounces@library.berkeley.edu
[mailto:videolib-bounces@library.berkeley.edu] On Behalf Of
MileFilms@aol.com
Sent: Tuesday, September 21, 2004 5:00 PM
To: videolib@library.berkeley.edu
Subject: Re: [Videolib] Public performance rights question

In a message dated 9/21/04 12:28:47 PM, BGriest@ci.glendale.ca.us writes:

You speak of incentives and profits as if those are the only reasons films
are made. I say that's pretty narrow minded, and that's the nicest thing I
can say.

I'm too tired of this topic to respond anymore. HOWEVER, this is getting
very personal. I know Jessica and everyone else in the independent film
world. NONE of us went into film to make a ton of money, and almost none of
us will end up with much either. She may have no clue on which baseball team
will win the World Series since she's been wrong for the past 95 years (and
she can latch on to this topic with an ancient mariner's death grip), but
she absolutely knows what she's talking about when it comes to film.

I suggest that you a) intern at an archive, independent distributor or a
studio for a month to learn any semblence of the business, or b) lobby hard
to have the copyrights changed.

Otherwise, we're just wasting our time on this listserv. I'm finding this
somewhat troll-like to be frank about it.

Dennis Doros
Milestone Film & Video
PO Box 128
Harrington Park, NJ 07640
Phone: (800) 603-1104 or (201) 767-3117
Fax: (201) 767-3035
Email: milefilms@aol.com
Website: http://www.milestonefilms.com

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