Well, actually Jessica, it's the times you did't get worked up that are so memorable ;-) However, I jest.
The funny thing is that there are continuous stories of how restrictive fair use has become but since the dawn of video and now the internet, there is far greater use of copyrighted material then ever before (based on far more availability) and far greater access to quality public domain footage. So I always found Pat's argument (though I've always admired and liked her, so this is a disagreement, not a judgement on her) similar to the AFI's claim that 90% of feature silent films are lost today. It's more like 74% and even that, is something that can be ALMOST quantified and a report is coming out this September in fact. Because there is a finate number of films produced and released from 1912 to 1929 that can be compared to a list of what archives and collectors own. However, the use of film footage from the good ol' days to now could never be compared because it's incalculable. There's just no data but I suspect with Youtube and the number of illegal screenings of my films, it's much more prevalent today. But back in 1964, there was already such a long history of fair use in filmmaking (dating back to at least the early teens), that Jay Leyda wrote a book called Films Begat Films solely on films with borrowed footage. THAT said, I do agree with Jessica that many groups including the ALA, Society for Cinema & Media Studies and the International Federation of Film Archives (an article stating that archives have the rights to screen their films without legal permission appeared last year) have put out statements and articles extending fair use WAY past what the law allows. The fact that it's in print bothers me because Thomas Jefferson said that democracy can only exist in an educated society. (Though, see http://www.vcu.edu/engweb/transcendentalism/ideas/edhistory.html) The same with copyright. Not enough people are educated about copyright to be able to judge these statements properly. Many of these declarations are similar to cries that a library will close forever if the city budget isn't passed. In fact, in 99.9% of these cases, it's mere threats to get what the library needs. (Well maybe not in Northvale New Jersey <http://northvale.bccls.org/>, but I'm just picking on a neighboring town that did close it's library this year.) So, in fact, many fair use statements by organizations overstep the boundaries to get what they want. Those who follow their statements as gospel without proper knowledge can get in big trouble. -- 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.ontheboweryfilm.com www.arayafilm.com www.exilesfilm.com www.wordisoutmovie.com www.killerofsheep.com <http://www.killerofsheep.com> AMIA Austin 2011: www.amianet.org Join "Milestone Film" on Facebook! Follow Milestone on Twitter! <http://twitter.com/#!/MilestoneFilms>
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