Well the problem there is that I know you  "object" to the part that
requires any copy not to circulate beyond the library premise and of
course that it can't be copied merely because it is rare, but must
also be in physical danger. I have a feeling most people won't abide
by those parts of the law and you can't just pick and choose what
parts of copyright law you like.

On Mon, Sep 12, 2011 at 2:11 PM,  <ghand...@library.berkeley.edu> wrote:
> We're not dealing with scarcity or uniqueness...we're dealing with titles
> that were initially available commercially, but are no available for
> purchase in any format.  Section 108 does not distinguish between fiction
> and non-fiction film.  If due diligence is done to determine the
> unavailability of a feature, and if it meets the conditions of 108 in
> terms of damage/loss, and is used as specified in 108, it is eligible for
> reproduction under the terms of the law.
>
> This project is attempting to develop methodologies and best practices for
> identifying such materials--both fiction and non-fiction--in library
> collections, as well as best practices for dealing with these titles in
> terms of preservation.
>
> gary
>
>
>> Gary,
>> I am a little confused on the goal here re feature films. It is very,
>> very unlikely that out of print feature film is remotely rare in the
>> archival sense. For a variety of business or legal reasons a studio,
>> filmmaker or in many cases foreign company has chosen not reissue it.
>> What would be the point of  "preserving" and old VHS ( or DVD) of an
>> out of print title by say anyone from John Ford to Fassbinder? It
>> could not circulate and the rights holder would in fact have far
>> better materials.
>>
>> As I have mentioned on more than one occasion I had a little
>> "disagreement" with one of the heads of this project at ALA when he
>> told a librarian that they should NOT attempt to contact a rights
>> holder because they might object to copying a film they owned but was
>> out of print. I would be rather surprised if this was your view.
>>
>> I am honestly a bit concerned by this project. I think some library
>> collections may contain unique materials on film or things like
>> BetaSp, but again it is awfully unlikely they would have truly unique
>> material from most companies listed below. Are they planning to just
>> make copies available of rare out o print titles because a rights
>> holder most likely can't afford the cost of mastering and releasing
>> the film?
>>
>> On Mon, Sep 12, 2011 at 1:43 PM,  <ghand...@library.berkeley.edu> wrote:
>>> hi guys
>>>
>>> Still plugging away on the Mellon grant I've been alluding to for a
>>> number
>>> of months now (identifying out of distribution/at-risk materials in
>>> library video collections)
>>>
>>> The task is going to be to develop a methodology to identify potential
>>> candidates in library video collections.  The project lead is NYU and
>>> the
>>> investigators there are looking at scarce titles in the collections of
>>> each of the three project partners (i.e. held by one library only) as a
>>> test universe.
>>>
>>> I'm developing a considerably different approach.  My sense is that
>>> scarce
>>> titles aren't necessarily the titles that require most urgent attention
>>> (primarily because they don't circulate much, and because a lot of these
>>> tend to be stuff that wasn't commercially distributed in the first
>>> place).
>>>  Instead, I want to focus on a model that identifies broad groups of
>>> commercially distributed titles that are likely to be out of
>>> distribution
>>> in any format.  Once done, I want to use circulation stat and/or
>>> anecdotal
>>> info to make decisions about which to deal with first. ("Deal with"
>>> means
>>> invoking Section 108 to digitize)
>>>
>>> I put a list of belly-up distributors and other suspects earlier.  Here
>>> is
>>> the list again with a few amendments.
>>>
>>> What have I forgotten?  Who have I left out?  What else should I be
>>> thinking about?
>>>
>>> Thanks, as always, for your sage input!
>>>
>>> Gary
>>>
>>>
>>> I.      Identifying Vendors/Distributors know to be out of business
>>> Using Berkeley’s OskiCat local OPAC and/or the Millennium ILS, identify
>>> videos distributed by the following:
>>> •       American Poetry Archive
>>> •       Arthouse, Inc.
>>> •       Arthur Cantor Films
>>> •       Carousel Film and Video
>>> •       Coronet Film and Video
>>> •       CRM Films / McGraw-Hill Films,
>>> •       Drift Distribution
>>> •       Embassy Home Entertainment
>>> •       Films Incorporated
>>> •       Home Vision Cinema/Public Media Incorporated
>>> •       International Film Bureau
>>> •       International Media Resource Exchange / Latin American Video
>>> Archive
>>> •       InterNationes / Goethe Institute
>>> •       Learning Corporation of America
>>> •       Media for the Arts
>>> •       Media Guild
>>> •       Mystic Fire Video
>>> •       National Latino Communications Center (NLCC)
>>> •       University of California Center for Media and Independent
>>> Learning
>>>
>>> II.     Identifying portions of currently in-business vendor catalogs
>>> likely
>>> to be out of distribution
>>> •       ABC News / ABC Wide World of Learning
>>> •       PBS Home Video/PBS Video:  films with release dates before 2005
>>>
>>> •       Annenberg/CPB Project pre-2050
>>>
>>> •       Time-Life Film and Video (pre-2000)
>>>
>>> •       History Channel (pre-2005)
>>>
>>> •       A&E Home Entertainment (pre-2005)
>>>
>>> III.  Feature Films
>>> List of US and foreign titles not currently available on DVD, assembled
>>> by
>>> members of the VIDEOLIB listserv.
>>>
>>> Also: titles initially distributed by New Yorker Film and Video, and
>>> Center for Cuban Studies
>>>
>>>
>>>
>>> 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.
>>>
>>
>>
>>
>> --
>> 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.
>



-- 
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.

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