Re: [Videolib] off air recording and copyright

MileFilms@aol.com
Fri, 28 Jul 2006 20:05:43 EDT

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In a message dated 7/28/06 7:47:29 PM, provine@depauw.edu writes:

> -=A0 It is not commercially available (at any price, much less a
> "reasonable" price)
> - The impact on the original work is nil
> - The purpose of the use is educational, and you are not making copies
> or otherwise distributing
>=20

Just to chime in quickly -- I just don't have the time these days to write=20
out long, impassioned emails. We (the lovely people at Milestone and our mus=
ic=20
rights agent) are trying to clear rights to the music for KILLER OF SHEEP an=
d=20
it's taken five years. One song cannot be cleared under any circumstance=20
PRIMARILY because the publishing company did a google check and came back wi=
th all=20
the libraries that have a copy and all the places it showed before we had th=
e=20
rights. In fact, they sent a cease and desist letter (two of them!) to us an=
d=20
another letter threatening a lawsuit. Luckily, Charles Burnett remembers the=
=20
song he preferred in that scene -- the wax record he owned had broken into=20
pieces. AND, there's no dialogue under the mono track. Otherwise, the costs=20=
would=20
have been astronomical.

As I keep saying, copyright is a two-edged sword, and there is NOTHING anyon=
e=20
can say that will cover every situation for every film. To claim that you're=
=20
going to get sued if you do this, or nobody is going to be hurt if you just=20
ignore the legal rights, is equally wrong. The claim of "fair use" for every=
=20
situation or "Disney" on the other hand, just makes my nostrils flare like=20
Rudolph Valentino's.

God, I haven't ranted in months. AND the Mets are in first. As James Brown=20
would say, "I feel GOOD!"

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

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In a message dated 7/28/06 7:47:29 PM, provine@depauw.edu writes:


-=A0 It is not commer= cially available (at any price, much less a
"reasonable" price)
- The impact on the original work is nil
- The purpose of the use is educational, and you are not making copies
or otherwise distributing


Just to chime in quickly -- I just don't have the time these days to writ= e out long, impassioned emails. We (the lovely people at Milestone and our m= usic rights agent) are trying to clear rights to the music for KILLER OF SHE= EP and it's taken five years. One song cannot be cleared under any circumsta= nce PRIMARILY because the publishing company did a google check and came bac= k with all the libraries that have a copy and all the places it showed befor= e we had the rights. In fact, they sent a cease and desist letter (two of th= em!) to us and another letter threatening a lawsuit. Luckily, Charles Burnet= t remembers the song he preferred in that scene -- the wax record he owned h= ad broken into pieces. AND, there's no dialogue under the mono track. Otherw= ise, the costs would have been astronomical.

As I keep saying, copyright is a two-edged sword, and there is NOTHING anyon= e can say that will cover every situation for every film. To claim that you'= re going to get sued if you do this, or nobody is going to be hurt if you ju= st ignore the legal rights, is equally wrong. The claim of "fair use" for ev= ery situation or "Disney" on the other hand, just makes my nostrils flare li= ke Rudolph Valentino's.

God, I haven't ranted in months. AND the Mets are in first. As James Brown w= ould say, "I feel GOOD!"

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

--part1_416.6fdf771.31fc0057_boundary-- 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.