Re: Withdrawn films

Jessica (
Tue, 8 Jun 1999 08:13:22 -0700 (PDT)

Technically you could no longer show these films in an open setting. Right
now this involves virtually every German Film made up to 1945 and many after
depending on if they were filed on.
It does NOT effect those titles already legally under licence ( ie the Home
Vision video of M or Pandora's Box) Kino owns the film screening rights to
those titles and 3 others which were not part of the UFA library.
Realistically it is unlikely that the German's or French or whoever are
likely to notice a college screening of a previously PD film but legally the
films are being retroactively copyrighted. THis would NOT effect any
standard classroom use as they can not pull back tapes already out there but
it is another reason why I think closed circuit screenings are VERY dicey.
No one has enough time or money to clear rights on that many titles

>From: Marilyn Huntley <>
>To: Multiple recipients of list <>
>Subject: Re: Withdrawn films
>Date: Tue, Jun 8, 1999, 1:51 PM

>Uh oh!
>We have 5 of Jessica's withdrawn titles in our library collection, as 16mm
>films and/or videos. Does the fact that they're now withdrawn from
>distribution have any effect on the permitted uses of our prints? Would it
>be correct to assume we can still use them without guilt for face-to-face
>teaching? How about open showings? Since the movies were in the public
>domain, we occasionally used them for shows a professor wanted to advertise
>to the campus community. Are these films now considered officially
>copyrighted again, so we'll have to prohibit any future public performances
>of them? And if that's the case, I wonder if we have other old non-Kino
>films in our collection that have had a change of status. How can we find
>out about specific titles?
>Thanks for any thoughts you wish to share.
>Marilyn Huntley
>At 01:39 PM 6/7/99 -0700, Jessica wrote:
>> As you may remember when we discussed copyright in the past I made
>>reference to the fact that under the GATT treaty many European films could
>>be retroactively copyrighted and withdrawn. So far the process has been slow
>>but it is picking up speed. Kino has now withdrawn all of the following
>>FAUST (Murnau)
>> Originally all pre war German films were supposed to be exempt from GATT to
>>prevent the
>>supresion of the Nazi propaganda films but it has not worked out that way.
>>In addition you will notice that even films that are more than 75 years have
>>also been "Gatted" . Since these films have been in the public domain, there
>>are many inferior copies out there and I do not know how
>>effective the German film office will be at getting a Video Yesteryear or
>>Nostolghia video to stop
>>but they will try. In theory the upside of GATT would be that if rights
>>holders are able to
>>re copyright their work, the film would become available in a better copy
>>but I would not hold your breath.
>- - - - - - - - - - - - - - - - - - - - - - - - - - -
>Marilyn B. Huntley, Audiovisual Assistant
>Audiovisual Classroom Services
>Hamilton College, 198 College Hill Rd., Clinton, NY 13323
>Phone 315-859-4120; Fax 315-859-4687