Re: [Videolib] Library Journal publishes article on VHS duplication for preservation

[Dennis Doros]

Thanks, deg! I agree with everything there!

Ha! Surprised you all. :-)

The only points I would make:

1) The story to find Chester Novell Turner is meant to illustrate the "not
reasonable effort" to find a copyright holder. This story is not about a
librarian and really champions the efforts of distributors willing to go to
on lengthy and often frustrating expeditions to retain rights and release
films to the public. (And it's very common by the way -- I just got rights
to a film that I first tried to get in 1989.) But since it *is* mentioned,
I would point out the caveat that a librarian/archivist *should* go to
these lengths if the film or video is historically important to the
collection and not available elsewhere. Creating a digital copy from the
VHS is the legal right, but there's probably 1% of every collection that
deserves more. Everybody's best friend Elena Rossi-Snook is doing this at
the NYPL with film and video and there are many others doing
librarians/archivists doing the same thing around the country. It would be
a great Library Journal article in fact!

2) I would add IMDBpro as part of a reasonable search -- and a
cost-effective one. There are a number of directors and copyright holders
who would provide a newer, better DVD at a reasonable cost. I even know
several people and places that provide DVDs free upon request.



Best regards,
Dennis Doros
Milestone Film & Video
PO Box 128 / Harrington Park, NJ 07640
Phone: 201-767-3117 / Fax: 201-767-3035 / Email: milefi...@gmail.com
www.milestone.film


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On Thu, Jun 9, 2016 at 4:52 PM, Rosen, Rhonda  wrote:

> Nice….Thanks, Deg!
>
> Rhonda
>
>
>
> *From:* videolib-boun...@lists.berkeley.edu [mailto:
> videolib-boun...@lists.berkeley.edu] *On Behalf Of *Deg Farrelly
> *Sent:* Thursday, June 09, 2016 12:59 PM
> *To:* videolib@lists.berkeley.edu
> *Cc:* Chris Lewis; Surdi, Jane
> *Subject:* [Videolib] Library Journal publishes article on VHS
> duplication for preservation
>
>
>
> In the hard copy of Library Journal this week, or available online here:
>
>
>
> http://lj.libraryjournal.com/2016/06/technology/please-rewind-preservation
> /#_
>
>
>
> (Not sure if the link works for non subscribers)
>
>
>
> Includes references to presentation Chris Lewis, Jane Hutchison Surdi, and
> I will be making at ALA about our crowd-sourced database of video titles
> that meet the  due diligence requirement for Section 108
>
>
>
> -deg
>
>
>
>
>
> deg farrelly
>
> Media Librarian
>
> Arizona State University
>
> deg.farre...@asu.edu
>
> 602.332.3103
>
> 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.
>
>
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.

Re: [Videolib] Library Journal publishes article on VHS duplication for preservation

[Rosen, Rhonda]

Nice….Thanks, Deg!
Rhonda

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Deg Farrelly
Sent: Thursday, June 09, 2016 12:59 PM
To: videolib@lists.berkeley.edu
Cc: Chris Lewis; Surdi, Jane
Subject: [Videolib] Library Journal publishes article on VHS duplication for 
preservation

In the hard copy of Library Journal this week, or available online here:

http://lj.libraryjournal.com/2016/06/technology/please-rewind-preservation/#_

(Not sure if the link works for non subscribers)

Includes references to presentation Chris Lewis, Jane Hutchison Surdi, and I 
will be making at ALA about our crowd-sourced database of video titles that 
meet the  due diligence requirement for Section 108

-deg


deg farrelly
Media Librarian
Arizona State University
deg.farre...@asu.edu
602.332.3103
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.

[Videolib] Library Journal publishes article on VHS duplication for preservation

[Deg Farrelly]

In the hard copy of Library Journal this week, or available online here:

http://lj.libraryjournal.com/2016/06/technology/please-rewind-preservation/#_

(Not sure if the link works for non subscribers)

Includes references to presentation Chris Lewis, Jane Hutchison Surdi, and I 
will be making at ALA about our crowd-sourced database of video titles that 
meet the  due diligence requirement for Section 108

-deg


deg farrelly
Media Librarian
Arizona State University
deg.farre...@asu.edu
602.332.3103
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.

Re: [Videolib] Nonprofit exemption

[Bogage, Alan]

I think what faculty and librarians have trouble with is that a complete 
legally purchased film can be shown in class but for the exact same class and 
using the exact same film to be shown in a distance class, we have to pay 
significantly more licensing/access and do not even own the film.  So 
transformative fair use is sort of a work around.I agree though, it may not 
be justifiable in court.

Alan Bogage
Senior Director of Library, Media, and Distance Learning
Carroll Community College
1601 Washington Rd.
Westminster, MD.  21157
www.carrollcc.edu/Student-Services/Library


From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Eric J Harbeson
Sent: Thursday, June 9, 2016 1:00 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Nonprofit exemption

All,

110(4) is a great (and under-appreciated) bit of law, but why would it apply to 
audiovisual works when it doesn’t specifically mention them?  Are documentary 
films really both literary and audiovisual works?

Eric Harbeson

From: 
videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner
Sent: Tuesday, June 07, 2016 7:25 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Nonprofit exemption

My problem with things like this and the you can stream any feature film 
released in theaters without permission/license claim/theory is that all  these 
"theories" some  from the same exact voices in the same echo chamber. IF 
institutions actually believed this was legal, then they should state so 
publically on their web sites and/or inform rights holders particularly major 
studios, foreign distributors etc in writing. The dirty little secret is that  
a lot of illegal streaming and showing does go on but rights holders are in the 
dark and have no way to legally challenge it. Now I don't actually expect a 
school to send a letter to Disney saying "We are streaming FANTASIA" to our 500 
intro to animation students and we don't believe we need to pay you or get your 
permission" but it would be interesting if they did and might actually result 
in  the kind of legal clarity people say they want.. What I would like is for 
there to be more balance in the voices,sources that the educational community 
solicits for opinions. Is it really that much to ask for the many, many 
webinars, seminars etc,  to invite a legal representive from a studio, 
filmmaker or similar to participate?

Jessica

On Tue, Jun 7, 2016 at 5:15 PM, Sarah E. McCleskey 
mailto:sarah.e.mccles...@hofstra.edu>> wrote:
I think it is worthy of investigation. This is not an endorsement or an 
indication that I would consider using the exemption without having much more 
information.

It benefits us all to have raised awareness of the law imho.


Sarah McCleskey
Head of Access Services
Hofstra University Library
sarah.e.mccles...@hofstra.edu


Sent from my iPhone

On Jun 7, 2016, at 1:13 PM, Dennis Doros 
mailto:milefi...@gmail.com>> wrote:
I'm agreeing with Andy and would like to point out...

"performance of a nondramatic literary or musical work otherwise than in a 
transmission to the public"

The use of "otherwise" makes me believe that "transmission" (usually meaning a 
by mechanical method -- ie. a projector or monitor) to the public is not 
permitted.


Best regards,
Dennis Doros
Milestone Film & Video
PO Box 128 / Harrington Park, NJ 07640
Phone: 201-767-3117 / Fax: 201-767-3035 / 
Email: milefi...@gmail.com
www.milestone.film

JOIN OUR MAILING LIST 
TODAY!
Support us on 
Facebook and 
Twitter!

On Tue, Jun 7, 2016 at 1:02 PM, Deg Farrelly 
mailto:deg.farre...@asu.edu>> wrote:
Attending the Kraemer Copyright Symposium in Colorado Springs.  (Kenneth Crewes 
and Kevin Smith making great presentations among others...)

At a session yesterday, delivered by IP lawyers, the notion of the non-profit 
exemption for use of non-literary and music works was raised.

Quite honestly, this is one exemption I don't recall hearing about before.  
Sarah McClesky commented similarly.

Worth looking into furtherthis may be an exemption that allows student 
groups and other campus activities to screen documentary works without securing 
public performance rights!

deg farrelly

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

Re: [Videolib] Nonprofit exemption

[Eric J Harbeson]

All,

110(4) is a great (and under-appreciated) bit of law, but why would it apply to 
audiovisual works when it doesn’t specifically mention them?  Are documentary 
films really both literary and audiovisual works?

Eric Harbeson

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner
Sent: Tuesday, June 07, 2016 7:25 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Nonprofit exemption

My problem with things like this and the you can stream any feature film 
released in theaters without permission/license claim/theory is that all  these 
"theories" some  from the same exact voices in the same echo chamber. IF 
institutions actually believed this was legal, then they should state so 
publically on their web sites and/or inform rights holders particularly major 
studios, foreign distributors etc in writing. The dirty little secret is that  
a lot of illegal streaming and showing does go on but rights holders are in the 
dark and have no way to legally challenge it. Now I don't actually expect a 
school to send a letter to Disney saying "We are streaming FANTASIA" to our 500 
intro to animation students and we don't believe we need to pay you or get your 
permission" but it would be interesting if they did and might actually result 
in  the kind of legal clarity people say they want.. What I would like is for 
there to be more balance in the voices,sources that the educational community 
solicits for opinions. Is it really that much to ask for the many, many 
webinars, seminars etc,  to invite a legal representive from a studio, 
filmmaker or similar to participate?

Jessica

On Tue, Jun 7, 2016 at 5:15 PM, Sarah E. McCleskey 
mailto:sarah.e.mccles...@hofstra.edu>> wrote:
I think it is worthy of investigation. This is not an endorsement or an 
indication that I would consider using the exemption without having much more 
information.

It benefits us all to have raised awareness of the law imho.


Sarah McCleskey
Head of Access Services
Hofstra University Library
sarah.e.mccles...@hofstra.edu


Sent from my iPhone

On Jun 7, 2016, at 1:13 PM, Dennis Doros 
mailto:milefi...@gmail.com>> wrote:
I'm agreeing with Andy and would like to point out...

"performance of a nondramatic literary or musical work otherwise than in a 
transmission to the public"

The use of "otherwise" makes me believe that "transmission" (usually meaning a 
by mechanical method -- ie. a projector or monitor) to the public is not 
permitted.


Best regards,
Dennis Doros
Milestone Film & Video
PO Box 128 / Harrington Park, NJ 07640
Phone: 201-767-3117 / Fax: 201-767-3035 / 
Email: milefi...@gmail.com
www.milestone.film

JOIN OUR MAILING LIST 
TODAY!
Support us on 
Facebook and 
Twitter!

On Tue, Jun 7, 2016 at 1:02 PM, Deg Farrelly 
mailto:deg.farre...@asu.edu>> wrote:
Attending the Kraemer Copyright Symposium in Colorado Springs.  (Kenneth Crewes 
and Kevin Smith making great presentations among others...)

At a session yesterday, delivered by IP lawyers, the notion of the non-profit 
exemption for use of non-literary and music works was raised.

Quite honestly, this is one exemption I don't recall hearing about before.  
Sarah McClesky commented similarly.

Worth looking into furtherthis may be an exemption that allows student 
groups and other campus activities to screen documentary works without securing 
public performance rights!

deg farrelly

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.

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.

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 vide