FYI Nahum a short follow up. It really is not that complicated nor will you need a lawyer to protect your films but you will need to put in some more work. Since your market is exclusively festivals and institutions it should be worth it. When you send a screener to a festival, potential buyer or whoever you would send them to, insist on an email (or if possible a fax) from someone in authority ( programmer, head, NOT intern) stating something like "We agree to return or physically this copy of X after we have viewed/ programmed it" It will not leave or physical control and it will not be given, sold or transferred to any other party." If a festival or potential buyer has a problem with that then I would not send them a screener. I would also recommend significantly watermarked copies when you sent screeners. It may not protect you legally but most libraries would not want them and would know very clearly that this copy was not intended for library use.
On Thu, May 23, 2013 at 12:31 PM, nahum laufer <lauf...@netvision.net.il>wrote: > Thanks Anthony, Jessica and others that answered my mail It doesn't help > much so: > > Dear Dorcas Haller > Rhode Island Community College > My slogan is I trust you, trust me. > Is it your library that received 500 DVDs from RIFF including 2 titles from > us 'The Darien Dilemma" & "Rafting to Bombay"? > I don't see the logic in your answer. > Yes I sell mainly to libraries, > I don't want to sell for private use for it is not worthwhile yet I make > exceptions.* > Why I don't see the logic is. > If you can resell the DVD (or donate) Why not donate PPR, why not sell the > DVD to your next door cinema hall screening to a fee paying public ? or > maybe to your favorite channel TV? > In my logic there is no difference, on every private sale invoice is stated > for "private personal Home Use". So selling or donating to a library is a > break of trust, and we loose $200-$250 the difference from first sale to > library sale. > The issue of Previews is even less understood by me, we have to send > previews otherwise who will know us. > I don't send unsolicited DVD previews, when I send I always state I'm > sending you a preview. > Our film "One Day After Peace" has already been screened at 60 film > festivals (more coming up) and a very special screening at United Nations > Headquarters in New-York, to reach such number of festivals I have sent > submissions to over 150 festivals, each received 1-3 previews, it seems I > trust people to much, I can find a lawyer that will write a long statement > yet I'm sure that Rhode Island International Film Festival will find a > loophole and give away the DVDs, > Today I received a request to submit to this festival it went straight into > the dustbin. > Festivals are important for us, No Library will buy a Doco-film that hasn't > been accepted by no Festival and didn't get any prizes. > In my Logic DVDs are not books, Libraries and private people buy books at > the same price but for Films there is a tier system of prices, for we are > selling is not 1 dollar empty DVD but a film, not a piece of metal but > screening rights .that justifies the tier system. > * With "The Darien Dilemma" I make exceptions, this week a man from Hungary > told me his Grandparents & mother were "passengers" on the Darien, A person > from England his father was in the Kindertransport, but his grandparents > perished in Kladovo, another person's father was a sailor on the Darien all > wanted to know the saga so I sold them a private copy, or Yehuda Arazi from > California grandson of the original Yehuda Arazi depicted in the film I > sent > him a present DVD. I did not get requests from private people not connected > with the Darien Saga. www.thedariendilemma.com/ > So you see I'm not complaining I just don't understand the logic , I will > continue to sell to libraries even to private people for I believe 99.9% > are > trustworthy and respect copyrights as we do. > > Cheers > Nahum Laufer > http://onedayafterpeace.com/index.php > http://docsforeducation.com/ > Sales > Docs for Education > Erez Laufer Films > Holland st 10 > Afulla 18371 > Israel > > > Did you sell it? (Do you *only* sell to libraries?) Once you've sold it, > the owner (buyer) can do what s/he wants with it -- keep it, give it away, > or discard it. If I buy a book, it is *my* property. I can keep it, I can > donate it to a library, I can give it to a friend, I can throw it away. > Even if you only sell your films to libraries, a library may decide at a > later date to withdraw the film from its collection. It is conceivable > that the library may ask if another library is interested in having it > before getting rid of it completely. > I don't see how you can expect to control your product once you have sold > it. The only way you can do that is not to sell it. > > > Dorcas Haller > > Librarian/Professor/Department Chair > > Community College of Rhode Island Library One Hilton Street, > > Providence, RI 02905 dhal...@ccri.edu > > Phone: 401-455-6085 > > Fax: 401-455-6087 > > > > ---------------------------------------------------------------------- > > Message: 1 > Date: Wed, 22 May 2013 12:57:59 -0700 > From: Anthony Anderson <antho...@usc.edu> > Subject: Re: [Videolib] World Cat > To: videolib@lists.berkeley.edu > Message-ID: <519d2347.3010...@usc.edu> > Content-Type: text/plain; charset="iso-8859-1" > > Nahum! Assuming that the gift DVD is "legitimate" (and not a bootleg > copy) then--yes, > I very much believe that a library can accept it. The gift DVD can be > allowed to circulate as part of the collection and can be shown in the > context of a formal classroom presentation. > However, if--say--a campus group wished to show the DVD at one of their > meetings it would be very much incumbent upon that group to secure (and pay > for) public performance rights. > > This scenario has yet to happen here at USC, but were our library to > receive > a "pricey" documentary as a gift, I would immediately contact the DVD's > distributor and try to negoiate life-time public rights for the DVD. > > Other university and college libraries may have different policies, I don't > know. > > What I do know is that many libraries accept books all the time as gifts > and > add them to their collections---and most such books are fully copyrighted. > Other than matter of public performance rights, I don't see that much > difference between gift books and gift DVDS. > > > Cheers! > Anthony > > ******************************* > Anthony E. Anderson > Assistant Director, Doheny Memorial Library University of Southern > California Los Angeles, CA 90089-0182 > (213) 740-1190antho...@usc.edu > "Wind, regen, zon, of kou, > Albert Cuyp ik hou van jou." > ******************************** > > > > On 5/22/2013 12:06 PM, nahum laufer wrote: > > Dear Collective Librarian knowledge of what is permitted or not, The > > following is an exchange of mails, I have rubbed out the name of the > > University library, My query is: can a library accept a DVD without > > knowing if they have permission to use it? > > > > Nahum Laufer > > http://onedayafterpeace.com/index.php > > http://docsforeducation.com/ > > Sales > > Docs for Education > > Erez Laufer Films > > Holland st 10 > > Afulla 18371 > > Israel > > ---------------------------------------------------------------- > > Dear Monica, > > Thanks for your mail, no one has the right to give our films as a > > donation to a library. It must be misunderstanding It must be a copy > > that I sent to someone to preview only. > > The Darien Dilemma contains Archive Stills and Footage for which we > > paid so as we respect other peoples copyrights we expect that our > > copyrights will be respected. > > Let us know If you want to purchase it for your library, please give > > our catalogue a peek, I recommend our new film "One Day after Peace" > > http://onedayafterpeace.com/index.php > > http://docsforeducation.com/ > > > > Cheers > > Nahum Laufer > > Sales > > Docs for Education > > Erez Laufer Films > > Holland set 10 > > Afulla 18371 > > Israel > > ============ > > From: Monica sent: Thursday, May 02, 2013 3:32 PM > > To: nahum laufer > > Subject: RE: The Darien Dilemma DVD on Worldcat > > > > This DVD was a donation to the library. If it is of any comfort, Bowie > > State University is a part of the "Educational Market." > > Monica ....... > > ----------------------------------- > > From: nahum laufer [mailto:lauf...@netvision.net.il] > > Sent: Thursday, May 02, 2013 1:29 AM > > To: Monica ........ > > Subject: The Darien Dilemma DVD on Worldcat > > > > > > Dear Monica ........ > > Acquisitions > > ........ University Library > > In Worldcat search I found out that your library has a copy DVD of > > "The Darien Dilemma". Media | D810.J4 D25 2008 There must be some kind > > of misunderstanding We are self distributing the film, to the > > "educational market". > > I have no record of sending it to your library or of an invoice. > > I'm curious to know how this DVD reached your Library. > > > > Cheers > > Nahum Laufer > > http://onedayafterpeace.com/index.php > > http://docsforeducation.com/ > > Sales > > Docs for Education > > Erez Laufer Films > > Holland st 10 > > Afulla 18371 > > Israel > > > > > -------------- next part -------------- > An HTML attachment scrubbed and removed. > HTML attachments are only available in MIME digests. > > ------------------------------ > > Message: 2 > Date: Wed, 22 May 2013 15:59:05 -0400 > From: Jessica Rosner <maddux2...@gmail.com> > Subject: Re: [Videolib] World Cat > To: videolib@lists.berkeley.edu > Message-ID: > < > cacre6m88jkhbpoqztyrvhejqjmkvdj623+gfptk3wo1-zqg...@mail.gmail.com> > Content-Type: text/plain; charset="iso-8859-1" > > Oddly Dorcas the fact that this could merely be a copy sold to another > party > never ocurred to me. I assumed it was a screener gone astray but indeed > absent an explicit agreement not to sell or donate ( and I don't know > anyone > who does do this currently) you are free to donate or sell any legal copy. > Right of First Sale is pretty much absolute. > > > On Wed, May 22, 2013 at 3:52 PM, Haller, Dorcas W. <dhal...@ccri.edu> > wrote: > > > Did you sell it? (Do you *only* sell to libraries?) Once you've sold > > it, the owner (buyer) can do what s/he wants with it -- keep it, give > > it away, or discard it. If I buy a book, it is *my* property. > > I can keep it, I can donate it to a library, I can give it to a > > friend, I can throw it away. > > Even if you only sell your films to libraries, a library may decide at > > a later date to withdraw the film from its collection. It is > > conceivable that the library may ask if another library is interested > > in having it before getting rid of it completely. > > I don't see how you can expect to control your product once you have > > sold it. The only way you can do that is not to sell it. > > > > Dorcas Haller > > Librarian/Professor/Department Chair > > Community College of Rhode Island Library One Hilton Street, > > Providence, RI 02905 dhal...@ccri.edu > > Phone: 401-455-6085 > > Fax: 401-455-6087 > > > > > > -----Original Message----- > > From: videolib-boun...@lists.berkeley.edu [mailto: > > videolib-boun...@lists.berkeley.edu] On Behalf Of nahum laufer > > Sent: Wednesday, May 22, 2013 3:07 PM > > To: videolib@lists.berkeley.edu > > Subject: [Videolib] World Cat > > > > Dear Collective Librarian knowledge of what is permitted or not, The > > following is an exchange of mails, I have rubbed out the name of the > > University library, My query is: can a library accept a DVD without > > knowing if they have permission to use it? > > > > Nahum Laufer > > http://onedayafterpeace.com/index.php > > http://docsforeducation.com/ > > Sales > > Docs for Education > > Erez Laufer Films > > Holland st 10 > > Afulla 18371 > > Israel > > ---------------------------------------------------------------- > > Dear Monica, > > Thanks for your mail, no one has the right to give our films as a > > donation to a library. It must be misunderstanding It must be a copy > > that I sent to someone to preview only. > > The Darien Dilemma contains Archive Stills and Footage for which we > > paid so as we respect other peoples copyrights we expect that our > > copyrights will be respected. > > Let us know If you want to purchase it for your library, please give > > our catalogue a peek, I recommend our new film "One Day after Peace" > > http://onedayafterpeace.com/index.php > > http://docsforeducation.com/ > > > > Cheers > > Nahum Laufer > > Sales > > Docs for Education > > Erez Laufer Films > > Holland set 10 > > Afulla 18371 > > Israel > > ============ > > From: Monica sent: Thursday, May 02, 2013 3:32 PM > > To: nahum laufer > > Subject: RE: The Darien Dilemma DVD on Worldcat > > > > This DVD was a donation to the library. If it is of any comfort, Bowie > > State University is a part of the "Educational Market." > > Monica ....... > > ----------------------------------- > > From: nahum laufer [mailto:lauf...@netvision.net.il] > > Sent: Thursday, May 02, 2013 1:29 AM > > To: Monica ........ > > Subject: The Darien Dilemma DVD on Worldcat > > > > > > Dear Monica ........ > > Acquisitions > > ........ University Library > > In Worldcat search I found out that your library has a copy DVD of > > "The Darien Dilemma". Media | D810.J4 D25 2008 There must be some kind > > of misunderstanding We are self distributing the film, to the > > "educational market". > > I have no record of sending it to your library or of an invoice. > > I'm curious to know how this DVD reached your Library. > > > > Cheers > > Nahum Laufer > > http://onedayafterpeace.com/index.php > > http://docsforeducation.com/ > > Sales > > Docs for Education > > Erez Laufer Films > > Holland st 10 > > Afulla 18371 > > Israel > > > > > > 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. > > > -------------- next part -------------- > An HTML attachment scrubbed and removed. > HTML attachments are only available in MIME digests. > > ------------------------------ > > Message: 3 > Date: Wed, 22 May 2013 16:54:17 -0400 > From: Dennis Doros <milefi...@gmail.com> > Subject: Re: [Videolib] World Cat > To: Video Library questions <videolib@lists.berkeley.edu> > Message-ID: > <CAPiNLPKZS= > tukwxawl0jaqqcl4eipyfficrtpht7p5-g5wy...@mail.gmail.com> > Content-Type: text/plain; charset="iso-8859-1" > > Jessica's right to point out that it could have been a review copy. In > those > cases, I now have on my copies "Property of Milestone / Not For Sale or Use > Without Permission / To Be Returned to Milestone Unless Permission is > Granted" > > My opinion, based on the last court decision, is that a review/press copy > is > implied a gift to the reviewer unless specified otherwise. By stating the > above, I'm hoping we are protected from people giving them to others for > use > or selling them on Ebay. Of course, we are just starting to put films up > online for streaming (with password protection) so we don't have to send > out > DVDs to critics and buyers in the future. > > BUT, as others have stated, if the DVD was sold to someone, then everyone > is > correct that, at least here in the States, it can be given to anyone as > long > as the DVDs are not used for public performance, broadcast, streamed, > duplicated, etc. > > > 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 Visit > our main website! www.milestonefilms.com Visit our new websites! > www.portraitofjason.com, www.shirleyclarkefilms.com , Support "Milestone > Film" on Facebook<http://www.facebook.com/pages/Milestone-Film/22348485426 > > > and Twitter <https://twitter.com/#!/MilestoneFilms>! > > See the website: Association of Moving Image > Archivists<http://www.amianet.org/> and like them on > Facebook< > http://www.facebook.com/pages/Association-of-Moving-Image-Archivist > s/86854559717> > AMIA 2013 Conference, Richmond, Virginia, November > 5-9!<http://www.amianet.org/> > > > On Wed, May 22, 2013 at 3:57 PM, Anthony Anderson <antho...@usc.edu> > wrote: > > > Nahum! Assuming that the gift DVD is "legitimate" (and not a bootleg > > copy) then--yes, > > I very much believe that a library can accept it. The gift DVD can be > > allowed to circulate as part of the collection and can be shown in the > > context of a formal classroom presentation. > > However, if--say--a campus group wished to show the DVD at one of > > their meetings it would be very much incumbent upon that group to > > secure (and pay for) public performance rights. > > > > This scenario has yet to happen here at USC, but were our library to > > receive a "pricey" documentary as a gift, I would immediately contact > > the DVD's distributor and try to negoiate life-time public rights for > > the DVD. > > > > Other university and college libraries may have different policies, I > > don't know. > > > > What I do know is that many libraries accept books all the time as > > gifts and add them to their collections---and most such books are > > fully copyrighted. > > Other > > than matter of public performance rights, I don't see that much > > difference between gift books and gift DVDS. > > > > > > Cheers! > > Anthony > > > > ******************************* > > Anthony E. Anderson > > Assistant Director, Doheny Memorial Library University of Southern > > California Los Angeles, CA 90089-0182(213) 740-1190 antho...@usc.edu > > "Wind, regen, zon, of kou, Albert Cuyp ik hou van jou." > > ******************************** > > > > > > > > On 5/22/2013 12:06 PM, nahum laufer wrote: > > > > Dear Collective Librarian knowledge of what is permitted or not, The > > following is an exchange of mails, I have rubbed out the name of the > > University library, > > My query is: can a library accept a DVD without knowing if they have > > permission to use it? > > > > Nahum > Lauferhttp://onedayafterpeace.com/index.phphttp://docsforeducation.com/ > > Sales > > Docs for Education > > Erez Laufer Films > > Holland st 10 > > Afulla 18371 > > Israel > > ---------------------------------------------------------------- > > Dear Monica, > > Thanks for your mail, no one has the right to give our films as a > donation > > to a library. It must be misunderstanding It must be a copy that I sent > to > > someone to preview only. > > The Darien Dilemma contains Archive Stills and Footage for which we paid > so > > as we respect other peoples copyrights we expect that our copyrights will > be > > respected. > > Let us know If you want to purchase it for your library, > > please give our catalogue a peek, > > I recommend our new film "One Day after Peace" > > http://onedayafterpeace.com/index.php > > http://docsforeducation.com/ > > > > Cheers > > Nahum Laufer > > Sales > > Docs for Education > > Erez Laufer Films > > Holland set 10 > > Afulla 18371 > > Israel > > ============ > > From: Monica sent: Thursday, May 02, 2013 3:32 PM > > To: nahum laufer > > Subject: RE: The Darien Dilemma DVD on Worldcat > > > > This DVD was a donation to the library. If it is of any comfort, Bowie > > State University is a part of the " > < > http://onedayafterpeace.com/index.phphttp://docsforeducation.com/CheersNahu > > mLauferSalesDocsforEducationErezLauferFilmsHollandset10Afulla18371Israel==== > > ========From:Monicasent:Thursday,May02,20133:32PMTo:nahumlauferSubject:RE:Th > > eDarienDilemmaDVDonWorldcatThisDVDwasadonationtothelibrary.Ifitisofanycomfor > t,BowieStateUniversityisapartofthe>Educational Market." > > Monica ....... > > ----------------------------------- > > From: nahum laufer [mailto:lauf...@netvision.net.il > <lauf...@netvision.net.il>] > > Sent: Thursday, May 02, 2013 1:29 AM > > To: Monica ........ > > Subject: The Darien Dilemma DVD on Worldcat > > > > > > Dear Monica ........ > > Acquisitions > > ........ University Library > > In Worldcat search I found out that your library has a copy DVD of "The > > Darien Dilemma". Media | D810.J4 D25 2008 > > There must be some kind of misunderstanding > > We are self distributing the film, to the "educational market". > > I have no record of sending it to your library or of an invoice. > > I'm curious to know how this DVD reached your Library. > > > > Cheers > > Nahum > Lauferhttp://onedayafterpeace.com/index.phphttp://docsforeducation.com/ > > Sales > > Docs for Education > > Erez Laufer Films > > Holland st 10 > > Afulla 18371 > > Israel > > > > > > > > > > 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. > > > > > -------------- next part -------------- > An HTML attachment scrubbed and removed. > HTML attachments are only available in MIME digests. > > End of videolib Digest, Vol 66, Issue 54 > **************************************** > > > 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.
