Re: [Videolib] Re: [Videonews] Streaming terms

Jessica Rosner (jrosner@kino.com)
Mon, 13 Feb 2006 20:08:13 -0500

Sorry it must be the ghost of Jed haunting me ( whatever happened to him)
Like I said this might work with what I can only call obscure non fiction
work however since an LOC copyright search is pretty much standard procedure
for locating a rights holder I think you would have to start there.

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

Proud Resident of a BLUE STATE

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

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