Re: [Frameworks] Seeking advice for licensing a 1929 film owned by Warner Brothers

[Dennis Doros]

I would agree with Dave except for the description of bullet-proof.
Yes, it most
likely would be fair use and would stand up in court. But to be
bulletproof, that would entail hiring a lawyer like Michael Donaldson of
 Donaldson + Callif (Los Angeles) or J.Stephen Sheppard of Cowan DeBaets
Abrahams and Sheppard (New York) to vet your Fair Use and from that, to get
E insurance to back up the claim.
​ ​
I think
 Continental and Axis were the cheapest. But that's about $10,000 to
$15,000, so
​
if it's only one or two clips, it's cheaper to pay for rights if you want
to be bulletproof without the E


Best regards,
Dennis Doros
Milestone Film & Video
PO Box 128 / Harrington Park, NJ 07640
Phone: +1 201-767-3117 / Email: milefi...@gmail.com
www.milestone.film


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On Sat, Jul 15, 2017 at 10:13 PM, Dave Tetzlaff  wrote:

> For an “essay film” I’d guess the way you’d incorporate only “some clips”
> would be textbook Fair Use, and you shouldn’t have to pay anything for
> rights or obtain permission from anyone. You can check out the American
> University Center for Media and Social Impact (formerly The Center for
> Social Media IIRC) which publishes a series of ‘Best Practices’ guidelines
> for different categories, all of which have been vetted by top IP experts
> in legal practice and academia and been declared “bulletproof”.
> http://cmsimpact.org/program/fair-use/
>
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Re: [Frameworks] Seeking advice for licensing a 1929 film owned by Warner Brothers

[Dave Tetzlaff]

For an “essay film” I’d guess the way you’d incorporate only “some clips” would 
be textbook Fair Use, and you shouldn’t have to pay anything for rights or 
obtain permission from anyone. You can check out the American University Center 
for Media and Social Impact (formerly The Center for Social Media IIRC) which 
publishes a series of ‘Best Practices’ guidelines for different categories, all 
of which have been vetted by top IP experts in legal practice and academia and 
been declared “bulletproof”. http://cmsimpact.org/program/fair-use/

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Re: [Frameworks] Seeking advice for licensing a 1929 film owned by Warner Brothers

[Abigail Severance]

Thanks, Dennis, super helpful.


***
Abigail Severance
310-508-0352
abigailseverance.com

> On Jul 15, 2017, at 2:13 PM, Dennis Doros  wrote:
> 
> Dear Abigail,
> 
> That's not true --MGM never got it right on this set of titles from UA. In 
> 1936, UA's Art Cinema (Joe Schenck's productions) was dissolved with half of 
> the films being transferred to Mary Pickford. The rights to Evangeline now 
> belong to the Mary Pickford Foundation. (My company, Milestone, brought it 
> out on DVD some years ago but the rights have reverted to MPF.) You can find 
> them on the web with their contact info.
> 
> Best regards,
> Dennis Doros
> Milestone Film & Video
> PO Box 128 / Harrington Park, NJ 07640
> Phone: +1 201-767-3117 / Email: milefi...@gmail.com
> www.milestone.film
> 
> JOIN OUR MAILING LIST TODAY!
> Support us on Facebook and Twitter!
> 
>> On Sat, Jul 15, 2017 at 4:34 PM, Abigail Severance  wrote:
>> Hi All, 
>> 
>> I'd appreciate any leads or suggestions on the following, including any 
>> referrals to contacts at Warner Brothers distro or licensing.
>> 
>> I'm trying to license some clips, for use in a new essay film, from the 
>> Hollywood feature Evangeline, released by United Artists in 1929, starring 
>> Dolores del Rio, directed/produced by Edwin Carewe under his Fox Pictures 
>> company. The Library of Congress’s lists of films in the public domain 
>> doesn't include Evangeline; it's still a protected work. When I contacted 
>> MGM, who bought United Artists in 1981, they said Warners now holds the 
>> copyright. I’ve not had luck hearing back from Warner Brothers though I’ve 
>> called and emailed their general imaging/clip source office several times.
>> 
>> Thanks for any thoughts,
>> Abigail
>> 
>> --
>> Abigail Severance 
>> Faculty, CalArts School of Film/Video
>> bellec...@mac.com || asev...@calarts.edu
>> www.abigailseverance.com || 310-508-0352
>> 
>> 
>> ___
>> FrameWorks mailing list
>> FrameWorks@jonasmekasfilms.com
>> https://mailman-mail5.webfaction.com/listinfo/frameworks
>> 
> 
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Re: [Frameworks] Seeking advice for licensing a 1929 film owned by Warner Brothers

[Dennis Doros]

Dear Abigail,

That's not true --MGM never got it right on this set of titles from UA. In
1936, UA's Art Cinema (Joe Schenck's productions) was dissolved with half
of the films being transferred to Mary Pickford. The rights to Evangeline
now belong to the Mary Pickford Foundation. (My company, Milestone, brought
it out on DVD some years ago but the rights have reverted to MPF.) You can
find them on the web with their contact info.

Best regards,
Dennis Doros
Milestone Film & Video
PO Box 128 / Harrington Park, NJ 07640
Phone: +1 201-767-3117 / Email: milefi...@gmail.com
www.milestone.film


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On Sat, Jul 15, 2017 at 4:34 PM, Abigail Severance 
wrote:

> Hi All,
>
> *I'd appreciate any leads or suggestions on the following, including any
> referrals to contacts *at Warner Brothers distro or licensing.
>
> I'm trying to
> * license some clips, for use in a new essay film, from the Hollywood
> feature *
> *Evangeline, *released by United Artists in 1929,
> starring Dolores del Rio, directed/produced by Edwin Carewe under his Fox
> Pictures company
> *. *The Library of Congress’s lists of films in the public domain doesn't
> include *Evangeline;* it's still a protected work. When I contacted MGM,
> who bought United Artists in 1981, they said Warners now holds the
> copyright. I’ve not had luck hearing back from Warner Brothers though
> I’ve called and emailed their general imaging/clip source office several
> times.
>
> Thanks for any thoughts,
> Abigail
>
> --
> *Abigail Severance *
> Faculty, CalArts School of Film/Video
> bellec...@mac.com || asev...@calarts.edu
> www.abigailseverance.com || 310-508-0352 <(310)%20508-0352>
>
>
> ___
> FrameWorks mailing list
> FrameWorks@jonasmekasfilms.com
> https://mailman-mail5.webfaction.com/listinfo/frameworks
>
>
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[Frameworks] Seeking advice for licensing a 1929 film owned by Warner Brothers

[Abigail Severance]

Hi All, 

I'd appreciate any leads or suggestions on the following, including any 
referrals to contacts at Warner Brothers distro or licensing.

I'm trying to license some clips, for use in a new essay film, from the 
Hollywood feature Evangeline, released by United Artists in 1929, starring 
Dolores del Rio, directed/produced by Edwin Carewe under his Fox Pictures 
company. The Library of Congress’s lists of films in the public domain doesn't 
include Evangeline; it's still a protected work. When I contacted MGM, who 
bought United Artists in 1981, they said Warners now holds the copyright. I’ve 
not had luck hearing back from Warner Brothers though I’ve called and emailed 
their general imaging/clip source office several times.

Thanks for any thoughts,
Abigail

--
Abigail Severance 
Faculty, CalArts School of Film/Video
bellec...@mac.com || asev...@calarts.edu
www.abigailseverance.com || 310-508-0352

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