[Videolib] Public performance rights question

Jessica Rosner (jrosner@kino.com)
Wed, 22 Sep 2004 15:05:12 -0400

Jed
This has come up before and I am probably an idiot for bringing it up again
but I am honestly not sure of the your answer on the following I know how
you feel copyright should be but what do you advocate for how it is
enforced & interpreted now? Are you suggesting that since you believe it
over broad & unfairly protects large corporations etc, that liberians &
educators should ignore it , interpret how they believe it should be and
just wait to see what happens legally? As you know the Supreme Court (
somewhat reluctantly) upheld the last 20 year extension of Copyright
ownership to 95 years so I am curious on what realistic hope you would base
a belief that institutions would win in court challenging this or related
issues. The case you posted today was interesting but I will happy to bet
you a steak ( or vegan dinner)) it either gets thrown out on summery
judgement or loses after hearing. On a PRACTICAL level what do you think
a librarian should do when for instance asked to dub a studio title never
released on video or asked to allow equipment to be used for student group
to show SONG OF THE SOUTH for a discussion on racism or asked to dub ANY
studio title from VHS to DVD that has not been released on DVD. These are
just samples , feel free to pick any others you like but I still am not
clear on if you are suggesting some kind of librarian version of ""copyright
disobedience" ( in which case like Civil Rights protesters they had better
be prepared to accept the legal consequences) or some type of lobbying or
legal challenge. If you are suggesting challenges on what basis would you
think you could prevail.

My apologies if you have covered this before but I am genuinely unclear
on your position on this.

-- 
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: Wed, 22 Sep 2004 14:26:40 -0400 > To: <videolib@library.berkeley.edu> > Subject: RE: [Videolib] Public performance rights question > > I don't think you can propose it to be a rip off and still have an argument. > If you can't have an arguement, you don't have a free society. That is my > point. The only thing we know about this Hegelian t-shirt is, it exits. If > it is a rip-off, it should be Disney's job to prove it to a jury rather than > to assume it is a rip-off simply because it is a copy. If it is judged to > be a rip-off than it should be Disney's job to show the damages. Then they > can ask for damages and court costs. This is how we treat all other forms > of property. (The only reason movies (etc.) are different is the lobbying > done by the MPAA, RIAA, AAP, etc.) The ownership of this super property has > created super citizens...most of them with articles of incorporation instead > of bodies and souls. > Jed > 'If you give someone a big stick, they are going to use it.' Ed Felton > > -----Original Message----- > From: videolib-bounces@library.berkeley.edu > [mailto:videolib-bounces@library.berkeley.edu]On Behalf Of Syp, Marc P. > Sent: Wednesday, September 22, 2004 1:31 PM > To: 'VideoLib' > Subject: RE: [Videolib] Public performance rights question > > > > I didn't *assume* that the Mickey t-shirt was simply a rip-off, I proposed > it to *be* a rip-off in the context of making an argument. Have you seen > the shirt I was talking about? I didn't think so, because I made it up in > my head. But here's what it looks like: A t-shirt with a simple, standard, > copyrighted drawing of Mickey with no ironic, artistic, or political > adjustment implied. > > Of course, I'm just waiting for you to say that simply the act of creating > and selling a Mickey Mouse rip off is an artistic and political statement > and therefore should be excepted from copyright law... heheh. > > Okay, sorry, folks... it's been just too tantalizing and I had to get my > teeth into it too. But I'm done now! > > > Thanks, > Marc Syp > Supervisor, Film Library > St. Louis Public Library > 314.206.6704 > > > -----Original Message----- > From: Jed Horovitz [mailto:JedH@internetvideoarchive.com] > Sent: Wednesday, September 22, 2004 11:56 AM > To: Syp, Marc P.; videolib@library.berkeley.edu > Subject: RE: [Videolib] Public performance rights question > > > Marc, > > Your example exhibits the prejudice I am concerned with in that you assume > the t-shirt is not a political, artistic statement but simply a rip off. I > think we should assume it is protected free speech (art, business, pursuit > of happiness, etc.) unless and until Disney proves other wise. That is all > it would take to level the playing field between new/future users/creators > and owners of existing creations. > > Jed > > _______________________________________________ > 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