Re: [Videolib] If I were a betting person

Jessica Rosner (jrosner@kino.com)
Fri, 15 Sep 2006 17:55:34 -0400

Well as to the last part , to me it is the deliberate twisting of a section
clearly intended for music which is now being claimed as a way to dub ANY
title that gets lost damaged or stolen just because a new copy is not
available. Life is unfair but just because you once bought something does
not to me , mean that you get to replace it perpetuity if a rights holder
does not have it currently available new and reasonably priced. As
interpreted by some here , you would be better off if you "lose" your old
VHS copies and just do a free DVD upgrade.

I do believe that if any rights holder with resources ( say Disney) actually
litigated this ( suppose a library made a copy of Disney animated film they
routinely take out of distribution ) Disney would win but Disney has a lot
on its mind. I realize this is not a widespread or probably even widely used
concept but as someone who works for a company that often tries to rescue
titles that have disappeared for years due to rights issues even the thought
of libraries dubbing old copies is very disturbing.

Kind of pet peeve of mine I guess

On 9/15/06 5:34 PM, "M. Claire Stewart" <claire-stewart@northwestern.edu>
wrote:

> I think you're probably right about more restrictions rather than
> less; it's the nature of negotiated changes to copyright law. It's
> almost by design: putting the two "sides" in a room and asking them
> to work it out may result in loss for both.
>
> Unfortunately, the alternative has also heavily favored the moneyed
> interests in this case. The public, or the "user" is often a
> relatively powerless party, particularly when the user most heavily
> impacted is in a generation yet-to-be-born.
>
> I take exception to the way you are stating this, Jessica. I do not
> believe that anyone on this list is trying to distort the law or rip
> anyone off. That may be true of 18 year olds swapping music, but it's
> not true of the vast majority of librarians.
>
> What I do think we believe is that the law's silence about many
> non-commercial uses of copyrighted material, particularly uses in
> educational environments many of us work in, should be interpreted to
> allow, not prohibit, the use. This is opposite to what many content
> holders believe, which is why we disagree.
>
> Claire
>
>> I would think sections of 108 might end up with MORE restrictions not less
>> When/if finally amended but then I am a cynic
>> The section involving making copies if yours is lost was clearly intended
>> for music. However most right holders are kind of focusing on things like
>> Illegal downloads etc so I doubt they will really do anything there.
>>
>> The LOC liaison on this reported that the sticking point on the amendment
>> involving allowing use of material in the last 20 years where you COULD
>> NOT track down the rights holder was photographs and that the outlook was
>> Grim
>>
>> While I find the constant expansion of the lengh of copyright somewhat
>> unfair, I don't really accept the idea that rights holders are greedy people
>> who deserve to be ripped off if one can find a legal way to do it.
>>
>> Studios spend a lot of money on the films in their libraries and I see no
>> reason why they don't get to control pretty much everything they want to
>> about them for several decades at least. As previously noted the MASSIVE
>> complications involving thousands if not tens of thousands of different
>> rights holders just for feature films are never really going to permit
>> easy one stop shopping. Hey guys if it WERE easy , why would they
>> need media librarians
>>
>>
>> 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.
>

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.