Re: [Videolib] PAL format and conversion issues

Jessica Rosner (jrosner@kino.com)
Tue, 14 Mar 2006 18:22:06 -0500

Streaming & fair use require at a base that the copy being
Used is a "legal" one. The PAL copy is legal, the dubed copy is not
In addition main reason something would be in PAL and not NTSC is often that
The rights have NOT been legally acquired in the US. Theoretically using
PAL itself can be a violation but really to the SELLER who is not supposed
to be selling outside the territory it has rights for.

Somewhat "academic" in any event since people want the whole film

On 3/14/06 5:19 PM, "Brewer, Michael" <brewerm@u.library.arizona.edu> wrote:

> All,
>
> I can envision numerous situations where changing format could be
> covered by fair use (converting short clips from several films available
> only in PAL format to show in a classroom where alternative technology
> is not available). It could also be covered by TEACH (clips from either
> format - NTSC or PAL - would have to be transferred to a different
> format for streaming anyway).
>
> My understanding is that there are no exclusive rights of the copyright
> holder (from sections 106 -106a) that cannot be exempted (to some
> degree) if (and ONLY if) the use is determined to be a fair use.
>
> "Notwithstanding the provisions of sections 106 and 106A, the fair use
> of a copyrighted work, including such use by reproduction in copies or
> phonorecords or by any other means specified by that section, for
> purposes such as criticism, comment, news reporting, teaching (including
> multiple copies for classroom use), scholarship, or research, is not an
> infringement of copyright."
>
> I am not suggesting that anyone go out and change all your PAL tapes
> into NTSC. That is certainly a copyright violation. I just wanted to
> suggest that the prohibition against transferring from one format to
> another is not absolute.
>
> 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
>
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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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