Dear videolib list, forgive me if my topic is not relevant to your list, in that case I would appreciate suggestions where to post my request:
I am a cultural producer in Brazil and I would like to make a retrospective of Ed Wood here. I find myself in great difficulties to find out who really owns the rights for dvd licensing for a public presentation in Brazil. The presentation would take place in a cultural center (non-commercial) but the entrance would be charged around 2 US dollars in a very small movie for 80 people max. I contacted the local MPLC in Brazil but since Ed Wood movies were produced and distributed by small or obscure companies the MPLC is not able to help me. I researched on IMDB but there are several distributors for dvds listed (one brazilian company that actually has absolutely no rights and is distributing dvds of the films illegally in Brazil) so how can I know who really has the rights for Brazil? Any comment or suggestion would be appreciated! Warm regards, Kristofer Paetau On Mon, Feb 27, 2012 at 6:07 PM, <[email protected]> wrote: > Send videolib mailing list submissions to > [email protected] > > To subscribe or unsubscribe via the World Wide Web, visit > > https://calmail.berkeley.edu/manage/list/listinfo/[email protected] > > or, via email, send a message with subject or body 'help' to > [email protected] > > You can reach the person managing the list at > [email protected] > > When replying, please edit your Subject line so it is more specific > than "Re: Contents of videolib digest..." > > > Today's Topics: > > 1. Re: Copyright Issues for D2L/Online Learners > ([email protected]) > 2. Re: Copyright Issues for D2L/Online Learners (Jessica Rosner) > > > ---------------------------------------------------------------------- > > Message: 1 > Date: Mon, 27 Feb 2012 12:57:59 -0800 > From: [email protected] > Subject: Re: [Videolib] Copyright Issues for D2L/Online Learners > To: [email protected] > Message-ID: > <[email protected]> > Content-Type: text/plain;charset=utf-8 > > Take your questions to ARL, Jessica. Or take them to Pat Aufderheide and > her group. Most of us were not involved in developing the recent > guidelines. Furthermore, most of us have very little control over what > goes on in the broader administration of institutions in which we work > (many times despite concerted efforts to work with administrators and > faculty on significant intellectual property issues). > > It is positively not productive to endlessly spar on this list. > > > While I think continuing civil discourse about these issues is definitely > in order and welcomed, this list is in danger of becoming one endless > copyright and fair use slug-fest. I've received a number of off-list > notes of concern about this and, more disconcertingly, I notice a definite > increase in the number of unsubscribe requests lately. As moderator (and > originator) of the list, I really can't allow that to happen. There's > much too much other work, and too many other issues to tackle. > > The issues we've been batting around will eventually be settled by case > law, or by the testing and defining of fair use applications in other > legal arenas. It is clear to me that the various sides of these issues > have been more than thoroughly aired, and, at this point, unless there are > really sage and unique insights to be had, all we're doing is spinning > wheels. > > Again, unless I hear from members of this list that they have an > overriding need to hear these issues and complaints beaten to a bloody > pulp, we need to move on, and I need to make that happen one way or the > other. > > Gary > > > >> Not going to happen Gary. That was indeed a sarcastic response but when >> people continue to write things and deliberately and systematically >> misstate copyright law ( some things are open to interpretation, others >> are >> not) I will respond ( I certainly do not need Mike) In a matter of weeks >> we >> have seen a chunk of the library establishment condone a level of >> copyright >> infringement that is staggering and they have largely focused it on media >> rather than books. I still don't see ARL suggesting you can scan and >> stream >> books for a course and about the only response I get when I actually quote >> case law and literal factual errors is >> "This exact issue has never been decided" or that I am paranoid. There is >> again a clear and unambiguous case law in from two Federal appeals courts >> stating that while the exact portion of fair use is debatable the copying >> of significant portions of written works is a a violation of "Fair Use". >> At >> no time in the nearly 20 years since the first case was decided did an >> institution or group claim that because the cases involved "for profit" >> entities "non profit" entities could in fact use more let alone all of a >> work. In addition there is a case from the 80s in which a consortium of >> schools copied and distributed entire films and TV programs and they were >> completely bitched slapped down because despite the fact they were non >> profit they could NOT copy and use whole films in classes both because it >> violated the amount that could be used under fair use and it directly >> effected the profits of rights holders. Why exactly is this never >> mentioned? I am still waiting for anyone supporting the code or similar >> views to explain upon one legal basis they now believe they can copy and >> stream whole films. As noted in my previous email I remain beyond startled >> even by my standards that Pat would suggest as source for copyright a >> site >> which literally eliminates the issue of loss of revenue for a rights >> holder >> from the debate,basically telling anyone relying on their site that it is >> not part of copyright law. >> >> I get that I rant but I still await specific answers to questions I have >> posed and will again post the key wording in the Kinko's case >> and ask upon what legal basis would this not apply to non for profit >> institutions. >> >> "The mere fact that the portions copied by Kinko?s were those that the >> college >> professor singled out as being critical parts >> of the books demonstrates that even if not ?the heart of? the works >> in question, the parts copied were substantial in quality. Thus, >> with regard to this factor, the court finds for the publishers >> because Kinko?s is copying substantial portions of the work" >> >> >> >> On Mon, Feb 27, 2012 at 2:30 PM, <[email protected]> wrote: >> >>> Enough Jessica. This simply is not a productive response. >>> >>> We need to move on for the moment. >>> >>> Gary >>> >>> >>> >>> > You missed the memo Mike. You can copy and stream any film or book >>> ever >>> > made or published so long as a professor tells you he needs it. ARL >>> etc >>> > have said so and you longer have to worry about actual copyright law >>> or >>> > numerous legal cases that say otherwise. >>> > >>> > I am in an especially snarky mood today. I just found a major academic >>> > institution has >>> > "scheduled" an open campus showing of a film JUST BEING released in >>> > theaters and not available on DVD ANYWHERE in the world. I am sure >>> ARL, >>> > PAT >>> > & Michael will find a way to justify that as well. After it is part of >>> > "educational" institution and sponsored by faculty. >>> > >>> > On Mon, Feb 27, 2012 at 12:34 PM, Schmitt, Mike <[email protected]> >>> wrote: >>> > >>> >> There seems to be this notion from faculty at my campus that they can >>> >> take >>> >> a program with copyright and place the entire movie on D2L or other >>> >> online >>> >> sources. I don't believe a campus has the right to place an entire >>> >> program >>> >> online for students to watch at their convenience. I don't believe >>> the >>> >> TEACH Act or Fair Use cover this type of situation. If someone can >>> >> point >>> >> to a particular piece of copyright law that would illustrate this >>> that >>> >> would be helpful. >>> >> >>> >> Does anyone have specific examples of campuses be targeted/fined for >>> >> copyright infringement? >>> >> >>> >> I would appreciate any assistance you can provide. >>> >> >>> >> Thanks, >>> >> >>> >> Mike Schmitt >>> >> UW-Green Bay >>> >> >>> >> 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) >>> > [email protected] >>> > 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 >>> [email protected] >>> 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) >> [email protected] >> 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 > [email protected] > http://www.lib.berkeley.edu/MRC > > "I have always preferred the reflection of life to life itself." > --Francois Truffaut > > > > > ------------------------------ > > Message: 2 > Date: Mon, 27 Feb 2012 16:07:52 -0500 > From: Jessica Rosner <[email protected]> > Subject: Re: [Videolib] Copyright Issues for D2L/Online Learners > To: [email protected] > Message-ID: > <cacre6m_kred6sflnhmeharwll+aqjdkj1gjabsohpfy_nyg...@mail.gmail.com> > Content-Type: text/plain; charset="windows-1252" > > I have tried Gary. I have repeatedly asked her questions on this list and > all she does in response is post links to sites like the one that boiled > the "4 factors" down to two (eliminating the one about financial damage to > rights holders, Sorry but that one is just breathtaking) She never directly > answered any of questions. > > Gary this is our life blood and as long as the question comes up here I am > likely to respond to it. We were specifically discussing the ARL Code etc. > Do you think they would in fact respond to me? Since they never solicited > input from rights holders or filmmakers when they put them together? I > doubt it. However the main thing is that there have been some very specific > misstatements of copyright law FACTS here and again those I would > definitely respond to. > > I do have an idea. How bout Pat or someone else ask ARL council or someone > similar to do a real time Q&A online. That might make things a lot clearer. > > Gary I know you are in fact one of the good guys but if someone > administrator came into your library and said we have decided we can copy > and stream all the films both in the library and any ones we need in the > future so your services are no longer required would you not bother to > respond? That is the equivalent of what you are asking here. > > On Mon, Feb 27, 2012 at 3:57 PM, <[email protected]> wrote: > >> Take your questions to ARL, Jessica. Or take them to Pat Aufderheide and >> her group. Most of us were not involved in developing the recent >> guidelines. Furthermore, most of us have very little control over what >> goes on in the broader administration of institutions in which we work >> (many times despite concerted efforts to work with administrators and >> faculty on significant intellectual property issues). >> >> It is positively not productive to endlessly spar on this list. >> >> >> While I think continuing civil discourse about these issues is definitely >> in order and welcomed, this list is in danger of becoming one endless >> copyright and fair use slug-fest. I've received a number of off-list >> notes of concern about this and, more disconcertingly, I notice a definite >> increase in the number of unsubscribe requests lately. As moderator (and >> originator) of the list, I really can't allow that to happen. There's >> much too much other work, and too many other issues to tackle. >> >> The issues we've been batting around will eventually be settled by case >> law, or by the testing and defining of fair use applications in other >> legal arenas. It is clear to me that the various sides of these issues >> have been more than thoroughly aired, and, at this point, unless there are >> really sage and unique insights to be had, all we're doing is spinning >> wheels. >> >> Again, unless I hear from members of this list that they have an >> overriding need to hear these issues and complaints beaten to a bloody >> pulp, we need to move on, and I need to make that happen one way or the >> other. >> >> Gary >> >> >> >> > Not going to happen Gary. That was indeed a sarcastic response but when >> > people continue to write things and deliberately and systematically >> > misstate copyright law ( some things are open to interpretation, others >> > are >> > not) I will respond ( I certainly do not need Mike) In a matter of weeks >> > we >> > have seen a chunk of the library establishment condone a level of >> > copyright >> > infringement that is staggering and they have largely focused it on media >> > rather than books. I still don't see ARL suggesting you can scan and >> > stream >> > books for a course and about the only response I get when I actually >> quote >> > case law and literal factual errors is >> > "This exact issue has never been decided" or that I am paranoid. There is >> > again a clear and unambiguous case law in from two Federal appeals courts >> > stating that while the exact portion of fair use is debatable the copying >> > of significant portions of written works is a a violation of "Fair Use". >> > At >> > no time in the nearly 20 years since the first case was decided did an >> > institution or group claim that because the cases involved "for profit" >> > entities "non profit" entities could in fact use more let alone all of a >> > work. In addition there is a case from the 80s in which a consortium of >> > schools copied and distributed entire films and TV programs and they were >> > completely bitched slapped down because despite the fact they were non >> > profit they could NOT copy and use whole films in classes both because it >> > violated the amount that could be used under fair use and it directly >> > effected the profits of rights holders. Why exactly is this never >> > mentioned? I am still waiting for anyone supporting the code or similar >> > views to explain upon one legal basis they now believe they can copy and >> > stream whole films. As noted in my previous email I remain beyond >> startled >> > even by my standards that Pat would suggest as source for copyright a >> > site >> > which literally eliminates the issue of loss of revenue for a rights >> > holder >> > from the debate,basically telling anyone relying on their site that it is >> > not part of copyright law. >> > >> > I get that I rant but I still await specific answers to questions I have >> > posed and will again post the key wording in the Kinko's case >> > and ask upon what legal basis would this not apply to non for profit >> > institutions. >> > >> > "The mere fact that the portions copied by Kinko?s were those that the >> > college >> > professor singled out as being critical parts >> > of the books demonstrates that even if not ?the heart of? the works >> > in question, the parts copied were substantial in quality. Thus, >> > with regard to this factor, the court finds for the publishers >> > because Kinko?s is copying substantial portions of the work" >> > >> > >> > >> > On Mon, Feb 27, 2012 at 2:30 PM, <[email protected]> wrote: >> > >> >> Enough Jessica. This simply is not a productive response. >> >> >> >> We need to move on for the moment. >> >> >> >> Gary >> >> >> >> >> >> >> >> > You missed the memo Mike. You can copy and stream any film or book >> >> ever >> >> > made or published so long as a professor tells you he needs it. ARL >> >> etc >> >> > have said so and you longer have to worry about actual copyright law >> >> or >> >> > numerous legal cases that say otherwise. >> >> > >> >> > I am in an especially snarky mood today. I just found a major academic >> >> > institution has >> >> > "scheduled" an open campus showing of a film JUST BEING released in >> >> > theaters and not available on DVD ANYWHERE in the world. I am sure >> >> ARL, >> >> > PAT >> >> > & Michael will find a way to justify that as well. After it is part of >> >> > "educational" institution and sponsored by faculty. >> >> > >> >> > On Mon, Feb 27, 2012 at 12:34 PM, Schmitt, Mike <[email protected]> >> >> wrote: >> >> > >> >> >> There seems to be this notion from faculty at my campus that they can >> >> >> take >> >> >> a program with copyright and place the entire movie on D2L or other >> >> >> online >> >> >> sources. I don't believe a campus has the right to place an entire >> >> >> program >> >> >> online for students to watch at their convenience. I don't believe >> >> the >> >> >> TEACH Act or Fair Use cover this type of situation. If someone can >> >> >> point >> >> >> to a particular piece of copyright law that would illustrate this >> >> that >> >> >> would be helpful. >> >> >> >> >> >> Does anyone have specific examples of campuses be targeted/fined for >> >> >> copyright infringement? >> >> >> >> >> >> I would appreciate any assistance you can provide. >> >> >> >> >> >> Thanks, >> >> >> >> >> >> Mike Schmitt >> >> >> UW-Green Bay >> >> >> >> >> >> 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) >> >> > [email protected] >> >> > 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 >> >> [email protected] >> >> 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) >> > [email protected] >> > 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 >> [email protected] >> 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) > [email protected] > -------------- next part -------------- > An HTML attachment scrubbed and removed. > HTML attachments are only available in MIME digests. > > End of videolib Digest, Vol 51, Issue 81 > **************************************** 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.
