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
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
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
Univ. of Michigan had a team of lawyers. How did that work out? You
literally admit NOT wanting to contact a rights holder and you are
going to claim due diligence I STRONGLY suggest you get a legal
opinion from someone outside the project without a vested
interest.
The Hathitrust project was
Perhaps I might not put it as strongly as Jessica, but yes, here are a few
suggestions for additions, as this is sort of a hobby and job for me to find
rights holders. And I know you can't do it (though should) for 1000+ films,
you're really only duping one at a time if you're following 108
Gary,
Great project. Thanks for sharing this.
We went through a project about 5 years ago where we were trying to
locate the copyright owners of 16mm films.
A number of our sources were international.
Believe it or not, Facebook brought us some hits which other sources did
not, where we knew
Thanks, Dennis
Of course distributors first and foremost...(see my note about the
counter-productivity of dealing with studios)
By the way: these protocols are focused on non-fiction film much more
than features. The Mellon project in general--at least at Berkeley--will
concentrate on these
The problem Dennis is that this project is specifically NOT set up to
find right holders, in fact it makes a point NOT to find them. The
sole issue is can I buy a cheap DVD of this title right now, not would
the rights holder sell me one, do they have plans to release one soon
etc.
It was one
Hi Susan
I think adding Facebook (and/or Linkedin) is a very good idea, and we'll
do it.
Thanks!
g.
Gary,
Great project. Thanks for sharing this.
We went through a project about 5 years ago where we were trying to
locate the copyright owners of 16mm films.
A number of our sources were
Jessica, take your meds
gary
The problem Dennis is that this project is specifically NOT set up to
find right holders, in fact it makes a point NOT to find them. The
sole issue is can I buy a cheap DVD of this title right now, not would
the rights holder sell me one, do they have plans to
Jessica...
The whole idea of copyright and internet research (firmly planted in these
protocols) is to find rights holders...
g
Univ. of Michigan had a team of lawyers. How did that work out? You
literally admit NOT wanting to contact a rights holder and you are
going to claim due
For those of you who had problems with the earlier attachment is now
posted at
http://www.lib.berkeley.edu/MRC/duediligence.html
with with Susan and Dennis Facebook/Linkedin recommendation incorporated.
Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley
510-643-8566
Gary,
Your own link states that one should NOT contact studios because they
will just say no The framework is shoddy at best. If you really want
to find rights holder you can use LOC for a lot more than stuff past
1978 it just takes more time and possibly money.
As I have told you and others a a
Jessica (and Gary),
I think I should step in a state the obvious. You can have a 100 pages of
due diligence regulations but it only works when the audiovisual person
wants to be honest, find the distributor or copyright holder and pay for
rights and/or work hard to get permission. Due diligence
Sorry but the Carnegie project is set up to find if a film is in
distribution and specifically disclaims contacting rights holders. I
don't think that is the belief of people on this listserv and I hope
they make it clear to Carnegie. I sincerely think it would be great if
some independent
Thanks much, D.
I think starting out in an adversarial frame of mind is never
(underscore!) productive.
We're talking, after all, about libraries--L*I*B*R*A*R*I*E*S--not Bernie
Madoff's office, not British Petroleum. While I think there is a fair
amount of misinformation (and, in a few cases,
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