Re: [Videolib] Due diligence

Gary Handman (ghandman@library.berkeley.edu)
Thu, 01 Jun 2006 08:17:06 -0700

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OK...this is thin ice I'm skating on, but...

I think the definition of and requirements for due diligence in
relation to copyright is very likely bound to mean different things
for different types of use and use contexts. Due diligence in
relation to a library wishing to perform a copyrighted work or
preserve it under Section 108 rights ain't the same as due diligence
in relation to a filmmaker wishing to incorporate footage into another work.

Gary

At 05:21 AM 6/1/2006, you wrote:
>Finding a holder of a copyright is not the hardest thing in the
>world to do. I can say this honestly because it's what I do for much
>of my work. It's like learning any job.
>
>There are several people who do this for a living who have been
>known to work at very reasonable prices. My guess is that due
>dilligence would be defined as hiring one of these specialists or
>paying Thompson & Thompson for a copyright search.
>
>Yes, sometimes it does take a long time. It took me fifteen years to
>find Elizabeth Rogers, the rights holder to People of the Wind, but
>I did it because I thought it worth it. If a filmmaker had to do
>this for a film in production, perhaps they'd use a still or a
>trailer instead -- or find another option. I'm facing many of these
>issues trying to clear the music rights (four years and running) for
>KILLER OF SHEEP.
>
>If anyone has seen Tony Buba's LIGHTNING OVER BRADDOCK (available at
>Zeitgeist), it has a wonderful scene where he has to consider
>whether he should pay $15,000 to CAMI for the rights to Jumpin' Jack
>Flash which is absolutely, positively necessary for the scene. His
>solution was FAR better than if he had paid for the rights.
>
>A greedy copyright holder is not THE obstacle to art or education --
>a lack of imagination is.
>
>Fan of the first place Mets,
>Dennis Doros
>Milestone Film & Video/Milliarium Zero
>PO Box 128
>Harrington Park, NJ 07640
>Phone: 201.767.3117
>Fax: 201.767.3035
>milefilms@aol.com
>www.milestonefilms.com

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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OK...this is thin ice I'm skating on, but...

I think the definition of and requirements for due diligence in relation to copyright is very likely bound to mean different things for different types of use and use contexts.  Due diligence in relation to a library wishing to perform a copyrighted work or preserve it under Section 108 rights ain't the same as due diligence in relation to a filmmaker wishing to incorporate footage into another work.  

Gary


At 05:21 AM 6/1/2006, you wrote:

Finding a holder of a copyright is not the hardest thing in the world to do. I can say this honestly because it's what I do for much of my work. It's like learning any job.

There are several people who do this for a living who have been known to work at very reasonable prices. My guess is that due dilligence would be defined as hiring one of these specialists or paying Thompson & Thompson for a copyright search.

Yes, sometimes it does take a long time. It took me fifteen years to find Elizabeth Rogers, the rights holder to People of the Wind, but I did it because I thought it worth it. If a filmmaker had to do this for a film in production, perhaps they'd use a still or a trailer instead -- or find another option. I'm facing many of these issues trying to clear the music rights (four years and running) for KILLER OF SHEEP.

If anyone has seen Tony Buba's LIGHTNING OVER BRADDOCK (available at Zeitgeist), it has a wonderful scene where he has to consider whether he should pay $15,000 to CAMI for the rights to Jumpin' Jack Flash which is absolutely, positively necessary for the scene. His solution was FAR better than if he had paid for the rights.

A greedy copyright holder is not THE obstacle to art or education -- a lack of imagination is.

Fan of the first place Mets,
Dennis Doros
Milestone Film & Video/Milliarium Zero
PO Box 128
Harrington Park, NJ 07640
Phone: 201.767.3117
Fax: 201.767.3035
milefilms@aol.com
www.milestonefilms.com

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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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.