Re: [Videolib] Due diligence

Jessica Rosner (jrosner@kino.com)
Fri, 02 Jun 2006 10:18:49 -0400

It does not have to be a lawyer per se , some of the best copyright
researchers are NOT lawyers BUT since there is no question that this film
unlike say some independent Doc made in the 40s that we often discuss DOES
have an owner, you have to take the most reasonable step to locate them.
The standard practice for any company wishing to locate a rights holder is
in fact to hire a specialist to research this. This is clearly an expensive
( well a few hundred at least) procedure but that does not exempt a non
profit or other institution from taking that step.

On 6/2/06 9:54 AM, "Mark Kopp" <mkopp@iu08.org> wrote:

> I'm not going to get into this argument, per se...BUT...the one point that
> Jessica (I think) made, was that "due diligence" is now defined as hiring a
> lawyer. I'm betting the first person to make this claim WAS A LAWYER! Since
> when did due diligence become solely a lawyers job? I can remember, stated
> right here at one time, that due diligence was a Library of Congress search as
> well as a handful of database culls.
>
> Since we all agree that each case needs weighed on it's own merits, there's no
> argument that the levy will break and every damn university, college, and
> library will begin showing films without permissions! The sky isn't falling
> every time someone asks to show a film. Each situation gets it's chance to be
> weighed against the four yadda yadda yadda...it's either a thumbs up or a
> thumbs down...and then it's over and on to the next case. Just because ONE
> situation went one way or the other, does NOT mean that it's open season on
> rights holders, nor does it mean that going forward, EVERY film is available
> for "free use".
>
> It's Friday...this was too much to think about on a Friday. Besides, there are
> some very serious issues that we need to consider...
> http://www.atlanticbb.net/news/read.php?id=14133022&ps=1020&cat=&cps=0&lang=en
>
> Have a grrrrreat weekend!
>
> Mark
> ************************************************
>
> -----Original Message-----
> From: owner-videolib@lists.berkeley.edu
> [mailto:owner-videolib@lists.berkeley.edu] On Behalf Of Rick Provine
> Sent: Friday, June 02, 2006 8:40 AM
> To: videolib@lists.berkeley.edu
> Subject: Re: [Videolib] Due diligence
>
> Jessica:
>
> "Transformative" is merely one consideration of the first test of Fair Use,
> "The Purpose and Character of your use." Transformative, in and of itself,
> does not make or break a fair use case, though the law favors it. All four
> factors must be weighed.
>
> Fair Use is not intended to address any real specific instance, not deny any
> specific use. It merely recognizes that there will be acceptable uses of
> copyrighted material without permission or payment.
>
> I agree with Gary...this does not mean "open season" on copyright or rights
> holders. But it does mean that progress can still be made in the absence of a
> workable system. Fair use is claimed on entire works all of the time (see
> Reserve Reading).
>
> Certainly in practice, the use of an entire work is more difficult to get past
> the four factors. But, it is NOT excluded by statute. Fair use is
> deliberately vague to allow for interpretation.
>
> 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
>>>> jrosner@kino.com 06/01/06 7:07 PM >>>
> Ok Gary then tell me why in the entire history of FU has it ALWAYS been
> legally interpreted as being right to INCORPORATE something into another work.
> The legal term is in fact ³transformative² FU has in every case been used as
> right to TRANSFORM or USE something IN ANOTHER WORK So to use clips, quotes
> etc IN ANOTHER work. It has never ever been used to allow a COMPLETE work by
> itself so yes in this case you are just making up law. I don¹t think even the
> most copyright hating lawyer/ artist would EVER suggest That ³fair use² can
> EVER and I mean ever be justified as a way of showing a complete work under
> copyright
>
> Find me any instance where this has been done or argued.
>
> .
>
> I will if you like get you quotes from ³fair use² cases which refer to is
> ³transformative² nature
>
> Seriously you KNOW that ³fair use² is intended and has developed as limited
> right under certain circumstances to use An otherwise copyrighted work as
> PART of another work.
>
> Other than WANTING it to be otherwise and because frankly it sound nice , I
> mean gee this should be ³Fair² right ? How can you justify this.
>
> Also going back as I seem to be the only one who wants to to the ORIGINAL
> question , what the ³F² would ³Fair use² have to do With showing this film ?
> The question was if you can¹t basically afford to track down a difficult to
> locate copyright holder , can you show the film anyway? So please explain how
> this is remot
>
> 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.