Re: [Videolib] Due diligence

Jessica Rosner (jrosner@kino.com)
Fri, 02 Jun 2006 11:51:40 -0400

Rick
I know I seem like a hard ass and I really do understand your frustration
The thing is there are literally thousands of films now out on DVD that
would fall under the same circumstance of rights holders you could not track
down without an expensive time, consuming search. I think the risk of
showing CHINESE GHOST STORY and getting "caught" is virtually non existent.
However at least lets be honest and just say we wanted to show it so much
and since we could not find the rights holder we decided to risk showing it
illegally Many bigger venues have done this with many better known films. I
just don't want the idea that there is an LEGAL leg to stand on in terms of
a non existent "Fair Use" claim to come into play because that does make it
a slippery slope to Kino and other companies.

New Yorker is still trying to recover money from several universities where
they were ripped off big time and I have been a bit lazy about going after
A few myself. Yes the situation is very different BUT these guys inevitably
mumble something about "Fair use" or being non profit and not charging etc.

On 6/2/06 11:28 AM, "Rick Provine" <PROVINE@depauw.edu> wrote:

> Folks:
>
> Whenever these things get discussed, its always the extremes that
> emerge as examples. This makes the discussion more difficult to
> understand for some. Its the gray area of day-to-day operations that
> most people need help with.
>
> To get back to the original example of Chinese Ghost Story...no US
> rights...production company out of business...I am sure there is a
> rights owner, but they are in Hong Kong. All of this would likely
> factor to exclude it from the "...available at a reasonable cost"
> scenario.
>
> This seems very different to me than a Kino title, etc. I would NEVER
> advocate or permit a public showing without proper arrangements. In
> truth, I am viewed on campus as an administrative wonk because I am the
> one who tells faculty they have to pay for rights for coursepacks, pay
> Swank or New Yorker or Kino for PPR, etc. We are talking about
> exceptions, extraordinary circumstances.
>
> Please don't confuse a reasoned argument for fair use with blatant
> disregard for the law. You can't put those examples under the same
> heading...
>
> Rick
>
>
>>>> Herownword@aol.com 6/2/2006 10:37 AM >>>
> I've been out of town (in beautiful San Francisco!) for a week and just
> read
> some of the posts on locating copyright holders. I would like to add
> the
> perspective of a small independent producer. Her Own Words has had
> the same
> telephone number, email address, physical address, and post office
> mailing
> address since 1993 (and most of those addresses since it was founded in
> 1986).
> Nevertheless, every few months we get a phone call from someone
> (frequently a
> librarian) wanting to see if Her Own Words still exists. "But [insert
> name
> of large national distributor/jobber here] said that you didn't exist
> any more
> and there was no way to track you down or find any of your films" is
> the
> inevitable next statement. Blessings on the librarians who take the
> time to
> call and verify the (mis)information.
>
> Jocelyn Riley
> HerOwnWords.com
> NontraditionalCareers.com
> 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.