Re: El Topo &/or Border Town

Clark, Jeff (clarkjc@jmu.edu)
Wed, 3 Nov 1999 13:00:01 -0800 (PST)

To offer another spin on Jessica's observation, I'll repeat
in variation something I said a considerable while back.

In general under copyright law (at least American), there's
no justification for transferring the tape to NTSC and
destroying the PAL original of something in print.
(Actually, if that move were supportable, I should think
that *retaining* the PAL original would at least prove you
had bought a legitimate copy in the first place. And since
you wouldn't be using this copy as well, it wouldn't be a
case of getting the use of two for one purchase.)

There may be practical, contractual limitations on treating
a PAL copy to conversion that go beyond the general rights
of creators under copyright law. The reason a program is
available in PAL only, *may* be because it was never
intended (at least at the present time) to be distributed
outside the market for which PAL is appropriate (and the
distributor wasn't given those rights). There'll always be
some "leakage" in copies which are purchased outside that
market, and played back (as is) on special equipment--but
as long as this sort of awkward work-around has to be
performed, that leakage of unintended secondary use will be
relatively small, as well as technically legal so long as
the translating VCR is legal.

So the contractual rights that the copyright holder grants
in distribution may be a further prohibiting factor, beyond
their basic rights under copyright law, from making a
conversion copy of the original tape.

We need to dampen the impulse, wherever possible, to
consider that because something can be technologically done
and because our cause is academically pure at heart, we
pretty much have a right to do it.

Jeff

On Wed, 3 Nov 1999 10:50:36 -0800 (PST) Susan Albrecht
<albrechs@wabash.edu> wrote:

> Okay, I hate to beat this one into the ground, but I'm getting arguments from people here
> that we SHOULD be able to convert the PAL into NTSC and then be able to use the
> conversion--actually add it to our collection--as long as we destroy the original PAL
> version. Kosher or no??
>
> Susan
>
> > Thanks, Jessica. Turns out we *do* have such a player in our modern languages building.
> > So we're all set!
> >
> > Susan
> >
> > > you can not make a copy but it would be a good idea to have a multi-system
> > > player for this type of situation. I realize that academics find it
> > > inconvenient to have to roll in a special player but it is not THAT
> > > difficult.
> > >
> > > Jessica
> > > ----------
> > > >From: Susan Albrecht <albrechs@wabash.edu>
> > > >To: Multiple recipients of list <videolib@library.berkeley.edu>
> > > >Subject: Re: El Topo &/or Border Town
> > > >Date: Wed, Nov 3, 1999, 5:31 PM
> > > >
> > >
> > > >Wow, thanks. I had done a search of your website and didn't find a match
> > > >for this. I think
> > > >I'm correct, though, that even if the PAL version is the only one
> > > >available, we CAN'T just
> > > >make a copy which is playable on VHS machines? Am I right?
> > > >
> > > >Susan
> > > >
> > > >> Facets carries a PAL version of "El Topo" for $79.95. Please feel free to
> > > >> contact me if you have any questions.
> > > >>
> > > >> Sincerely,
> > > >>
> > > >> Brian McCaskill
> > > >> Facets Video
> > > >> <brian@facets.org>
> > > >> phone: 800-331-6197
> > > >> fax: 773-929-5437
> > > >>
> > > >> At 07:36 AM 11/03/1999 -0800, you wrote:
> > > >> >Hello, all.
> > > >> >
> > > >> >I have been asked by a prof to try to track down two videos and am not
> > > >> having much luck.
> > > >> >The first is Alexandro (Alejandro) Jodorowsky's El Topo. The prof says he
> > > >> actually
> > > >> >watched this video and that the box said, "Distributed by Luminous Works."
> > > >> I haven't had
> > > >> >any luck finding this company or this video.
> > > >> >
> > > >> >The second is Archie Mayo's Border Town, originally produced in 1934. OCLC
> > > >> shows a
> > > >> >record of sorts, but I'm not sure a video version actually exists. Does
> > > >> anyone know??
> > > >> >
> > > >> >Susan
> > > >> >
> > > >> >Susan Albrecht
> > > >> >Library Acquisitions/Media Center Asst.
> > > >> >Wabash College Lilly Library
> > > >> >Crawfordsville, IN
> > > >> >albrechs@wabash.edu
> > > >> >--------------------------------------------------------------
> > > >> >***"If you choose not to decide, you still have made a choice."
> > > >> > -- Geddy Lee***
> > > >> >--------------------------------------------------------------
> > > >> >
> > > >>
> > > >> -----------------------------------------------------------
> > > >> ***WIN FREE VIDEOS BY ENTERING OUR MONTHLY WEB PAGE CONTESTS!
> > > >> -----------------------------------------------------------
> > > >> ***THE COMPLETE FACETS CATALOG IS NOW ON-LINE! SEARCH THE ENTIRE FACETS
> > > >> CATALOG ON OUR WEB SITE FOR TITLES, DIRECTORS, GENRES, AND MORE!
> > > >> -----------------------------------------------------------
> > > >> FACETS MULTI-MEDIA, INC. OPERATING HOURS:
> > > >> 1517 W. FULLERTON AVE. SALES..:9am-8pm MON-FRI
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> > > >>
> > > >> VISIT OUR WEBSITE! - http://www.facets.org
> > > >>
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> > > >> sales@facets.org
> > > >> wholesale@facets.org
> > > >> rentals@facets.org
> > > >> -----------------------------------------------------------
> > > >> FACETS FIRST, our weekly e-mail update of new video and laser disc
> > > >> acquisitions, is a free service from Facets Video! To subscribe, send a
> > > >> message to our net-master at emo@facets.org.
> > > >>
> > > >
> > > >
> > > >Susan Albrecht
> > > >Library Acquisitions/Media Center Asst.
> > > >Wabash College Lilly Library
> > > >Crawfordsville, IN
> > > >albrechs@wabash.edu
> > > >--------------------------------------------------------------
> > > >***"If you choose not to decide, you still have made a choice."
> > > > -- Geddy Lee***
> > > >--------------------------------------------------------------
> > > >
> >
> >
> > Susan Albrecht
> > Library Acquisitions/Media Center Asst.
> > Wabash College Lilly Library
> > Crawfordsville, IN
> > albrechs@wabash.edu
> > --------------------------------------------------------------
> > ***"If you choose not to decide, you still have made a choice."
> > -- Geddy Lee***
> > --------------------------------------------------------------
>
>
> Susan Albrecht
> Library Acquisitions/Media Center Asst.
> Wabash College Lilly Library
> Crawfordsville, IN
> albrechs@wabash.edu
> --------------------------------------------------------------
> ***"If you choose not to decide, you still have made a choice."
> -- Geddy Lee***
> --------------------------------------------------------------

**********
Jeff Clark
Director
Media Resources (MSC 1701)
James Madison University
clarkjc@jmu.edu
540-568-6770 (voice)
540-568-3405 (fax)
www.jmu.edu/mediares