RE: [Videolib] 1987 film "Chinese Ghost Story

Brewer, Michael (brewerm@u.library.arizona.edu)
Tue, 30 May 2006 13:06:18 -0700

Jessica,

You bring up an interesting point, and one for which I don't have an
immediate answer. I had not thought about foreign works. There is no
mention of this not applying to foreign works in any of the documents I
have read. My assumption, therefore, was that this would apply to uses
of works in the United States, regardless of country of origin, but I'll
have to check on this. This is pretty much how, for example, Fair Use,
or the TEACH Act, or section 108, or most other sections of US copyright
law works (an exception would be duration of copyright). I think
whether or not this would apply to foreign works would have more to do
with whether or not they have signed Berne or some other international
copyright agreement to which we also are a signatory.

I'll look into this more and see what I can find.

As for only applying to research, that, too, is not in the documents I
have read. At the site for which I gave the previous URL, this is the
stated purpose of the research into Orphan works in the first place:

During 2005, the Copyright Office studied issues raised by "orphan
works"- copyrighted works whose owners may be impossible to identify and
locate. Concerns had been raised that the uncertainty surrounding
ownership of such works might needlessly discourage subsequent creators
and users from incorporating such works in new creative efforts, or from
making such works available to the public.

I agree that most rights holders could be found were the search diligent
enough. I will be curious, though, to see how people (and the courts)
define diligent.

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: owner-videolib@lists.berkeley.edu
[mailto:owner-videolib@lists.berkeley.edu] On Behalf Of Jessica Rosner
Sent: Tuesday, May 30, 2006 10:42 AM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] 1987 film "Chinese Ghost Story

It would DEFINITELY not effect this film. The Orphan work can ONLY apply
to
American films and there is no question that this film has an owner and
a
very good high priced lawyer or researcher could track it down for you
just
not worth the time and money

The Orphan bill will have virtually no effect on feature films where you
can
With enough work find a rights holder 98% of the time. Also the Orphan
work
is strictly copying for research etc and does NOT allow ANY public
showing
of a work. I think the main intent of the Orphan bill is to allow
indendent
films, short works, industrials etc better access for research etc.
Again
virtually no effect on feature films and none for films produced outside
the
US

On 5/30/06 1:12 PM, "Brewer, Michael" <brewerm@u.library.arizona.edu>
wrote:

> All,
>
> I wonder what affect the Orphan Works bill, which is expected to be
> passed in some form by Congress and go into effect in 2008, will have
on
> these sorts of situations. I think the key portion of it will be
> determining what constitutes a "good faith, reasonably diligent
search"
> for the copyright holder. My understanding of what is being proposed
is
> that if this "reasonably diligent search" is done (however that may be
> defined), and a copyright holder is not found, then one can use the
work
> non-commercially without fear of any damages. If the use is ongoing,
and
> a copyright holder surfaces, "reasonable compensation" must be paid.
>
> There is more info on Orphan works here.
> http://www.copyright.gov/orphan/
>
> 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: owner-videolib@lists.berkeley.edu
> [mailto:owner-videolib@lists.berkeley.edu] On Behalf Of Jessica Rosner
> Sent: Tuesday, May 30, 2006 9:02 AM
> To: videolib@lists.berkeley.edu
> Subject: Re: [Videolib] 1987 film "Chinese Ghost Story
>
> If Tai Seng can't help , I doubt there is much you can do
> The Hong Kong titles are messy to say the least and you might
> Find 3 companies claiming to own it. I don't think anyone in the
> US could own it at this point and trying to untangle this in HK is
more
> trouble than it is worth
>
> FYI this is NOT an unusual situation for a foreign title
> There are thousands if not tens of thousands of titles where it is
> Difficult to impossible to get rights for a public showing which does
> Not mean they are not protected , only that these rights are
considered
> So unimportant that they are rarely in the home video contracts
meaning
> You have to track the overseas rights holder to obtain them
>
>
> On 5/30/06 10:38 AM, "Rick Provine" <PROVINE@depauw.edu> wrote:
>
>> Howdy:
>>
>> One more try...
>>
>> We want to show the film, "Sinnui yauwan," (Chinese Ghost Story,
1987)
>> for an arts festival next fall, and are seeking rights
>> holder/distributor info. The previous one (Tai Seng Entertainment)
no
>> longer has the rights.
>>
>> Jessica? Facets? Help!!!
>>
>> Thanks.
>>
>> Rick
>>
>>
>> _____________________________
>> Rick Provine
>> Director of Libraries
>> and Associate CIO for Library
>> & Information Services
>> DePauw University
>> 11 East Larabee Street
>> Greencastle, IN 46135
>> provine@depauw.edu
>> office 765-658-4435
>> mobile 765-301-0262
>> fax 765-658-4445
>>
>>>>> PROVINE@depauw.edu 5/26/2006 1:29 PM >>>
>> Greetings, Folks:
>>
>> Anyone know who currently has PPR for the 1987 film, "Chinese Ghost
>> Story?"
>>
>> Thanks!
>>
>> Rick
>>
>> VIDEOLIB is intended to encourage the broad and lively discussion of
>> issues relating to the selection, evaluation,
> acquisition,bibliographic
>> control, preservation, and use of current and evolving video formats
> in
>> libraries and related institutions. It is hoped that the list will
> serve
>> as an effective working tool for video librarians, as well as a
> channel
>> of communication between libraries,educational institutions, and
video
>> producers and distributors.
>> VIDEOLIB is intended to encourage the broad and lively discussion of
> issues
>> relating to the selection, evaluation, acquisition,bibliographic
> control,
>> preservation, and use of current and evolving video formats in
> libraries and
>> related institutions. It is hoped that the list will serve as an
> effective
>> working tool for video librarians, as well as a channel of
> communication
>> between libraries,educational institutions, and video producers and
>> distributors.
>
>
>
> Proud Resident of a BLUE STATE
>
> Jessica Rosner
> Kino International
> 333 W 39th St. 503
> NY NY 10018
> jrosner@kino.com
> 212-629-6880
>
>
> VIDEOLIB is intended to encourage the broad and lively discussion of
> issues relating to the selection, evaluation,
acquisition,bibliographic
> control, preservation, and use of current and evolving video formats
in
> libraries and related institutions. It is hoped that the list will
serve
> as an effective working tool for video librarians, as well as a
channel
> of communication between libraries,educational institutions, and video
> producers and distributors.
>
> VIDEOLIB is intended to encourage the broad and lively discussion of
issues
> relating to the selection, evaluation, acquisition,bibliographic
control,
> preservation, and use of current and evolving video formats in
libraries and
> related institutions. It is hoped that the list will serve as an
effective
> working tool for video librarians, as well as a channel of
communication
> between libraries,educational institutions, and video producers and
> distributors.

Proud Resident of a BLUE STATE

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

VIDEOLIB is intended to encourage the broad and lively discussion of
issues relating to the selection, evaluation, acquisition,bibliographic
control, preservation, and use of current and evolving video formats in
libraries and related institutions. It is hoped that the list will serve
as an effective working tool for video librarians, as well as a channel
of communication between libraries,educational institutions, and video
producers and distributors.

VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors.