Re: [Videolib] Use of 16MM Films

[Elena Rossi-Snook]

Hi Vicki,

Not the official information you were hoping for, but this is the policy we
created for the circulating 16mm film collection here at The New York
Public Library:

We are not a stock footage library (I open with that line because then I
usually see the proverbial lightbulb come on), so any duplication of
footage must absolutely be licensed through the copyright owner.  If they
cannot locate the owner themselves, they must pay for a copyright search
through an independent contractor/Library of Congress.  In very few
instances, we have provided the physical material for duplication once the
copyright owner has forwarded explicit written permission for us to do so.

Best wishes,
Elena Rossi-Snook
Archivist
Reserve Film and Video Collection
The New York Public Library

On Thu, Jan 5, 2012 at 4:32 PM, Vicki Nesting  wrote:

> We still have a small collection of 16mm films.  A local historical
> society has contacted the branch manager where we house these films and
> asked if they could send some high school students over to view material in
> some of these films.  (The films can't be checked out; only used on-site.)
>  If they want to use any footage from these films, what information do we
> need to give them regarding copyright?  They are under the impression that,
> if the company that originally made the film is out of business, they are
> free to use footage from the film as long as they give proper credit.  This
> doesn't sound right to me; could that be true?  I have three books on
> copyright for librarians on my desk, none of which seems to be addressing
> this question.  If you can give me the legal citation or something official
> that we can pass along to them, that would certainly be helpful.
>
> Thanks in advance,
> Vicki Nesting
> St. Charles Parish Library
> Destrehan, Louisiana
>
> 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] Use of 16MM Films

[Jessica Rosner]

Rule of thumb is always assume a film is under copyright unless you can
prove otherwise, it is irrelevant if the company you originally bought them
from is out of business in terms of copyright it call comes down to if &
when they were registered and renewed. I assume you are talking about
educational as opposed to feature films which would are almost always still
under copyright. Depending on when the film was made you may be able to
check the status on the Library of Congress web site. I would  be extra
careful because you would be liable for anything illegal done with them as
you would be the ones permitting them to copy them. If for instance you
want The Library of Congress to copy something for you , you must prove
that either you have the rights holders legal permission or the film is PD
( and with LOC there also has to be no restriction of the donor even if the
fim is PD).

On Thu, Jan 5, 2012 at 4:32 PM, Vicki Nesting  wrote:

> We still have a small collection of 16mm films.  A local historical
> society has contacted the branch manager where we house these films and
> asked if they could send some high school students over to view material in
> some of these films.  (The films can't be checked out; only used on-site.)
>  If they want to use any footage from these films, what information do we
> need to give them regarding copyright?  They are under the impression that,
> if the company that originally made the film is out of business, they are
> free to use footage from the film as long as they give proper credit.  This
> doesn't sound right to me; could that be true?  I have three books on
> copyright for librarians on my desk, none of which seems to be addressing
> this question.  If you can give me the legal citation or something official
> that we can pass along to them, that would certainly be helpful.
>
> Thanks in advance,
> Vicki Nesting
> St. Charles Parish Library
> Destrehan, Louisiana
>
> 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.
>



-- 
Jessica Rosner
Media Consultant
224-545-3897 (cell)
212-627-1785 (land line)
jessicapros...@gmail.com
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] Use of 16MM Films

[ghandman]

The format has nothing to do with rights...copyright included.

The important thing (or at least one of the important things) to keep in
mind is that "out of distribution" and "out of copyright" aren't the same
thing.  Take for example a defunct company such as Carousel Films: 
Carousel originally had the distribution rights to Selling of the
Pentagon.  The work was originally broadcast on CBS (I think).  CBS
undoubtedly still has the rights.

Got it?

gary handman




> We still have a small collection of 16mm films.  A local historical
> society has contacted the branch manager where we house these films and
> asked if they could send some high school students over to view material
> in some of these films.  (The films can't be checked out; only used
> on-site.)  If they want to use any footage from these films, what
> information do we need to give them regarding copyright?  They are under
> the impression that, if the company that originally made the film is out
> of business, they are free to use footage from the film as long as they
> give proper credit.  This doesn't sound right to me; could that be true?
> I have three books on copyright for librarians on my desk, none of which
> seems to be addressing this question.  If you can give me the legal
> citation or something official that we can pass along to them, that would
> certainly be helpful.
>
> Thanks in advance,
> Vicki Nesting
> St. Charles Parish Library
> Destrehan, Louisiana
>
> 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.
>


Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley

510-643-8566
ghand...@library.berkeley.edu
http://www.lib.berkeley.edu/MRC

"I have always preferred the reflection of life to life itself."
--Francois Truffaut


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] Use of 16MM Films

[Dennis Doros]

Vicki, if the films are still in copyright then they are protected for the
full 90-year term. There are people trying to free these "orphaned" films
but that hasn't happened yet. And of course, just because a company is out
of business doesn't mean that the copyright holder doesn't exist.

Two concerns: how are they going to excerpt the films? Are they going to
literally splice them out?

And, of course, what is the end use? Youtube would be a problem. A
screening in school would not be.

Dennis

On Thu, Jan 5, 2012 at 4:32 PM, Vicki Nesting  wrote:

> We still have a small collection of 16mm films.  A local historical
> society has contacted the branch manager where we house these films and
> asked if they could send some high school students over to view material in
> some of these films.  (The films can't be checked out; only used on-site.)
>  If they want to use any footage from these films, what information do we
> need to give them regarding copyright?  They are under the impression that,
> if the company that originally made the film is out of business, they are
> free to use footage from the film as long as they give proper credit.  This
> doesn't sound right to me; could that be true?  I have three books on
> copyright for librarians on my desk, none of which seems to be addressing
> this question.  If you can give me the legal citation or something official
> that we can pass along to them, that would certainly be helpful.
>
> Thanks in advance,
> Vicki Nesting
> St. Charles Parish Library
> Destrehan, Louisiana
>
> 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.
>



-- 
Best regards,
Dennis Doros
Milestone Film & Video/Milliarium Zero
PO Box 128
Harrington Park, NJ 07640
Phone: 201-767-3117
Fax: 201-767-3035
email: milefi...@gmail.com
www.milestonefilms.com
www.comebackafrica.com
www.yougottomove.com
www.ontheboweryfilm.com
www.arayafilm.com
www.exilesfilm.com
www.wordisoutmovie.com
www.killerofsheep.com

Join "Milestone Film" on Facebook and Twitter!
and the
Association of Moving Image Archivists !


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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] Use of 16MM Films

[Vicki Nesting]

We still have a small collection of 16mm films.  A local historical society has 
contacted the branch manager where we house these films and asked if they could 
send some high school students over to view material in some of these films.  
(The films can't be checked out; only used on-site.)  If they want to use any 
footage from these films, what information do we need to give them regarding 
copyright?  They are under the impression that, if the company that originally 
made the film is out of business, they are free to use footage from the film as 
long as they give proper credit.  This doesn't sound right to me; could that be 
true?  I have three books on copyright for librarians on my desk, none of which 
seems to be addressing this question.  If you can give me the legal citation or 
something official that we can pass along to them, that would certainly be 
helpful.

Thanks in advance,
Vicki Nesting
St. Charles Parish Library
Destrehan, Louisiana

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.