Disagree away. This kind of research is all about safe harbor and risk mitigation. Our lawyer seems to feel the methodology we've developed is sufficient to demonstrate good faith and due diligence.
I can't speak for institutions that do not do the homework, Jessica. gary > Needless to say I have a very fundamental disagreement with this and > in terms of the law it is absurd. Basically it says ( as did one of > the chief people involved in the Carnegie project) Make NO effort to > contact the actual RIGHTS HOLDER. Whether this is a studio, a company > in Europe or an independent filmmaker under no circumstances would it > be considered "due diligence" not to make every effort to contact the > rights holder. IF the rights holder says they will not sell it and > have no intention of releasing it, you will have to decide if what you > plan to do is covered by 108, but you can't just say make no attempt > to contact a rights holder. I find this not only the height of > arrogance but just an outrageous attitude towards filmmakers & > distributors. > > I know I posted this but I will post it again so you can see what > happens when and educational institution does NOT in fact engage in > "due diligence" re copyright law. Actually this is a follow up to the > original Chronicle article, I strongly suggest you read the follow up > posts. I particularly like the part where some librarians tell authors > they should be grateful they were going to have their works available > illegally on line, since no one is taking out those books anyway. > > http://laboratorium.net/archive/2011/09/15/hathitrust_single-handedly_sinks_orphan_works_refo > > Also good luck on the "reasonable" price issue. Suppose you bought a > 16mm print of a film for $1200 20 years ago. You reach the rights > holder and they say yes they will make you a DVD-R for $1,000, is that > "unreasonable"? It is after all less than you paid before? > > On Thu, Sep 22, 2011 at 11:41 AM, <ghand...@library.berkeley.edu> wrote: >> Following on the, um, lively 108 discussion of the past few days, I am >> going to share some ideas regarding appropriate due diligence and >> research >> guidelines Berkeley is developing (in connection with the NYU/Berkeley >> Mellon project). >> >> The attached represents preliminary thinking regarding what we think is >> reasonable research in advance of invoking 108. >> >> Gary Handman >> >> >> >> >> 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. > 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.
