[Videolib] Re: [Videonews] Streaming terms

Gary Handman (ghandman@library.berkeley.edu)
Mon, 13 Feb 2006 16:30:46 -0800

>Jessica Jessica Jessica

Give me a bit of credit. Good Faith means making a reasonable effort
to track down the rights holder and secure the desired rights. If
that effort is made and the iph (intellectual property holder) cannot
be located, I'd feel justified in encoding away. If the iph is
located and permission can't be secured, or if the price is wrong, we
don't go there.

Gary

>>Not sure what you mean here. It clearly is intended for films where
>>The rights holder can NOT be located, you can't locate one and decide
>>because they won't grant you permission or want too much money that
>>You made a "good faith effort" That is not what you meant is it ?
>>
>>
>>
>>
>>
>> > I don't think so, Jessica...
>> >
>> > It's not a matter of something being under current copyright: it's a
>> > matter of whether, after a concerted, good-faith attempt to secure
>> > rights and permissions, we can consider a work "orphaned" and act
>> > accordingly to ensure access.
>> >
>> > (and no no no, I ain't talking about feature films!)
>> >
>> > Gary
>> >
>> >
>> > At 11:47 AM 2/13/2006, you wrote:
>> >> No harm in giving it the old "college" try but in this day and age
>> >> A good faith search would almost surely require a "standard" copyright
>> >> Search at library of Congress ( I don't think just checking the
>> internet or
>> >> Sending a letter to the last known address would qualify) as this is what
>> >> pretty much anyone seriously needing to know about a films copyright does
>> >> I think LOC itself charges around $100 and private researchers
>> about double
>> >> However if you co-opt on titles it could be worth it. Again I figure
>> >> You are largely talking about educational non fiction work
>> which is really
>> >> Not my area.
>> >>
>> >> Jessica
>> >>
>> >>
>> >>
>> >>> Not so sure about that, Jessica. These are titles that have been
>> >>> out of distribution well over 10 years... In any case, it's worth a
>> >>> good faith effort to identify current rights holders.
>> >>>
>> >>> Gary
>> >>>
>> >>>
>> >>> At 09:24 AM 2/13/2006, you wrote:
>> >>>> Um I doubt this would work. Most of those titles would not
>> >>>> Qualify as "orphan works" since I think you could find most of the
>> >>>> Rights holders and they would either object or want big bucks
>> >>>> I tend to think the "orphan" thing is only going to work for
>> >>>> Some pretty obscure stuff, possibly important but mostly obscure.
>> >>>>
>> >>>>
>> >>>>> So: How about a consortial project to digitize and make available
>> >>>>> the Films Inc., Cornonet, and Time/Life titles in our collections (or
>> >>>>> other orphans that still have useful life)? I'm serious (for
>> >>>>> once)! It would take a bit of work to search out copyright holders,
>> >>>>> and quite a bit of work to crank into digital, but I think it
>> >>>> could be done...
>> >>>>>
>> >>>>> Anyone with the resources want to kick this around
>> >>>>> further...? Wonder if there's grant money out there to pull this off.
>> >>>>>
>> >>>>> gary
>> >>>>>
>> >>>>>
>> >>>>> At 09:59 AM 2/10/2006, you wrote:
>> >>>>>> All,
>> >>>>>>
>> >>>>>> This is somewhat tangential, but I thought I would put it out there
>> >>>>>> anyway.
>> >>>>>>
>> >>>>>> If the problem in the future is that rightsholders for
>> films cannot be
>> >>>>>> located, the new approach to "orphan works" (see the Report on Orphan
>> >>>>>> Works of January 2006 http://www.copyright.gov/orphan/ )
>> would allow for
>> >>>>>> the digitization (and streaming) of these films.
>> >>>>>>
>> >>>>>> In a nutshell, the report recommends the following:
>> >>>>>>
>> >>>>>> 1. One needs to do a "good faith, reasonably diligent"
>> search prior to
>> >>>>>> determining that a work is an "orphan" work (no copyright holders, or
>> >>>>>> none can be found), and therefore available for use.
>> >>>>>>
>> >>>>>> 2. One needs to properly attribute the copyright holder when possible
>> >>>>>> (for example, if the copyright holder is known, but cannot
>> be located).
>> >>>>>>
>> >>>>>> 3. Monetary remedies (if the copyright holder should suddenly appear)
>> >>>>>> are limited to "reasonable compensation" for commercial uses, no
>> >>>>>> compensation for noncommercial uses (if the item is taken
>> down/removed
>> >>>>>> upon notice of the copyright holder claiming infringement).
>> >>>>>>
>> >>>>>> mb
>> >>>>>>
>> >>>>>> Michael Brewer
>> >>>>>> Slavic Studies, German Studies & Media Arts Librarian
>> >>>>>> University of Arizona Library A210
>> >>>>>> 1510 E. University
>> >>>>>> P.O. Box 210055
>> >>>>>> Tucson, AZ 85721
>> >>>>>> Voice: 520.307.2771
>> >>>>>> Fax: 520.621.9733
>> >>>>>> brewerm@u.library.arizona.edu
>> >>>>>>
>> >>>>>> -----Original Message-----
>> >>>>>> From: videonews-bounces@library.berkeley.edu
>> >>>>>> [mailto:videonews-bounces@library.berkeley.edu] On Behalf Of Jessica
>> >>>>>> Rosner
>> >>>>>> Sent: Friday, February 10, 2006 10:17 AM
>> >>>>>> To: videonews@library.berkeley.edu
>> >>>>>> Subject: Re: [Videonews] Streaming terms
>> >>>>>>
>> >>>>>>
>> >>>>>>>
>> >>>>>>> I agree it is going to be difficult, but this is the same
>> as we heard
>> >>>>>> for
>> >>>>>>> electronic access to journals and articles 10 years ago. And as we
>> >>>>>> have
>> >>>>>>> discovered, those periodicals that have not allowed
>> electronic access
>> >>>>>> are
>> >>>>>>> disappearing. As with Publish or Perish, it may be Do or Die.
>> >>>>>>>
>> >>>>>>> Jerry
>> >>>>>>
>> >>>>>> Unfortunately Jerry in some cases they prefer the die option which is
>> >>>>>> not
>> >>>>>> Going to make the stuff available. Think of the HUGE number of these
>> >>>>>> films
>> >>>>>> Not available for public showing and then pick a figure to
>> multiply it
>> >>>>>> by
>> >>>>>>
>> >>>>>> Not that lots of things won't be available but lots of things won't
>> >>>>>> Don't plan on throwing out those dvds ( of VHS ) of these
>> types of films
>> >>>>>> Any time soon or even later
>> >>>>>>
>> >>>>>> Jessica
>> >>>>>>
>> >>>>>>
>> >>>>>> _______________________________________________
>> >>>>>> Videonews mailing list
>> >>>>>> Videonews@library.berkeley.edu
>> >>>>>> http://www.lib.berkeley.edu/mailman/listinfo/videonews
>> >>>>>>
>> >>>>>> _______________________________________________
>> >>>>>> Videonews mailing list
>> >>>>>> Videonews@library.berkeley.edu
>> >>>>>> http://www.lib.berkeley.edu/mailman/listinfo/videonews
>> >>>>>
>> >>>>> Gary Handman
>> >>>>> Director
>> >>>>> Media Resources Center
>> >>>>> Moffitt Library
>> >>>>> UC Berkeley
>> >>>>> ghandman@library.berkeley.edu
>> >>>>> http://www.lib.berkeley.edu/MRC
>> >>>>>
>> >>>>> *****
>> >>>>>
>> >>>>> "In societies where modern conditions of production prevail,
>> >>>>> all of life presents itself as an immense accumulation of
>> >>>>> spectacles."
>> >>>>> --Guy Debord
>> >>>>>
>> >>>>>
>> >>>>> _______________________________________________
>> >>>>> Videonews mailing list
>> >>>>> Videonews@library.berkeley.edu
>> >>>>> http://www.lib.berkeley.edu/mailman/listinfo/videonews
>> >>>>
>> >>>>
>> >>>>
>> >>>> Proud Resident of a BLUE STATE
>> >>>>
>> >>>> Jessica Rosner
>> >>>> Kino International
>> >>>> 333 W 39th St. 503
>> >>>> NY NY 10018
>> >>>> jrosner@kino.com
>> >>>> 212-629-6880
>> >>>>
>> >>>>
>> >>>> _______________________________________________
>> >>>> Videonews mailing list
>> >>>> Videonews@library.berkeley.edu
>> >>>> http://www.lib.berkeley.edu/mailman/listinfo/videonews
>> >>>
>> >>> Gary Handman
>> >>> Director
>> >>> Media Resources Center
>> >>> Moffitt Library
>> >>> UC Berkeley
>> >>> ghandman@library.berkeley.edu
>> >>> http://www.lib.berkeley.edu/MRC
>> >>>
>> >>> *****
>> >>>
>> >>> "In societies where modern conditions of production prevail,
>> >>> all of life presents itself as an immense accumulation of
>> >>> spectacles."
>> >>> --Guy Debord
>> >>>
>> >>>
>> >>> _______________________________________________
>> >>> Videonews mailing list
>> >>> Videonews@library.berkeley.edu
>> >>> http://www.lib.berkeley.edu/mailman/listinfo/videonews
>> >>
>> >>
>> >>
>> >> Proud Resident of a BLUE STATE
>> >>
>> >> Jessica Rosner
>> >> Kino International
>> >> 333 W 39th St. 503
>> >> NY NY 10018
>> >> jrosner@kino.com
>> >> 212-629-6880
>> >>
>> >>
>> >> _______________________________________________
>> >> Videonews mailing list
>> >> Videonews@library.berkeley.edu
>> >> http://www.lib.berkeley.edu/mailman/listinfo/videonews
>> >
>> > Gary Handman
>> > Director
>> > Media Resources Center
>> > Moffitt Library
>> > UC Berkeley
>> > ghandman@library.berkeley.edu
>> > http://www.lib.berkeley.edu/MRC
>> >
>> > *****
>> >
>> > "In societies where modern conditions of production prevail,
>> > all of life presents itself as an immense accumulation of
>> > spectacles."
>> > --Guy Debord
>> >
>> >
>> > _______________________________________________
>> > Videonews mailing list
>> > Videonews@library.berkeley.edu
>> > http://www.lib.berkeley.edu/mailman/listinfo/videonews
>>
>>
>>
>>Proud Resident of a BLUE STATE
>>
>>Jessica Rosner
>>Kino International
>>333 W 39th St. 503
>>NY NY 10018
>>jrosner@kino.com
>>212-629-6880
>>
>>
>>_______________________________________________
>>Videonews mailing list
>>Videonews@library.berkeley.edu
>>http://www.lib.berkeley.edu/mailman/listinfo/videonews
>
>Gary Handman
>Director
>Media Resources Center
>Moffitt Library
>UC Berkeley
>ghandman@library.berkeley.edu
>http://www.lib.berkeley.edu/MRC
>
>*****
>
>"In societies where modern conditions of production prevail,
> all of life presents itself as an immense accumulation
> of spectacles."
> --Guy Debord

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