Elizabeth I know we have disagreed on this and I have run this by many companies that distribute foreign film in particular and all I have spoken do not believe their contracts permit the sale of lifetime streaming if they for instance have the right to sell downloads to individuals for the fixed period on the contract. I believe the closer comparison is to a TV sale. Most contracts don't permit a distributor to make a sale for a cable, Internet or other broadcast form to that would permit the companies broadcast or download the film forever. The rights are limited by the term of the contract. More specifically I have directly asked several European companies about lifetime streaming rights and they refused and some of these are the same companies Kino/Lorber has films from. I feel very strongly that if these rights were allowed they should be explicitly included in a contract because you are not selling a physical item like a print or a VHS but rights that can literally never expire in a format that can be used forever.
Since again I have been explicitly told by several major overseas rights holders that their contract do not include this I think it would be unfair to have institutions in the middle. Frankly there have in fact been a number of cases in which after a contract expired a rights holder told an institution that a distributor had no rights to sell a particular item with lifetime PPR and they insisted that showings be cancelled and the film never shown. It is not common because most large overseas companies have little knowledge or interest in such things but again this should be between distributors and rights holders. Obviously if you believe your contracts cover this you should make sure the rights holders are informed and agree to this. On Fri, Mar 16, 2012 at 3:01 PM, Elizabeth Sheldon <elizab...@kinolorber.com> wrote: > Dear All, > > As a film distribution company who offers DSL with streaming rights 'for the > life of the digital file,' we consider a DSL analogous to a download in the > consumer market. If one of our customers wants to purchase a DVD with or > without PPR, great; if they would prefer the digital file with a streaming > license, we will supply it. We think that a DSL is a premium license and this > is reflected in our pricing, which is very close to Facets pricing. > > Just as when we sell a DVD with PPR to a school, when our original agreement > expires with the filmmaker, we do not ask our librarian customers to return > the DVDs because the PPR license has not expired. The rights we sell during > the term continue beyond the term of our original license with a filmmaker. > If in our agreements there is specific language that prohibits us from > selling either PPR or DSL, it is not available from our site: > www.kinolorberedu.com. > > However, what we do frown upon is encoding from a DVD without purchasing the > DSL. Now that irritates me. > > Best, > > Elizabeth > > Elizabeth Sheldon > Vice President > Kino Lorber, Inc. > 333 W. 39th St., Suite 503 > New York, NY 10018 > (212) 629-6880 > > www.kinolorberedu.com > > > On Mar 15, 2012, at 6:18 PM, Benjamin Crossley-Marra wrote: > >> A lot of people ask me if Zeitgeist can sell them perpetual >> streaming/digital site rights and the answer is "no" for the very reasons >> Jessica mentioned. >> >> We have not negotiated lifetime rights for any of our titles and therefore >> cannot offer lifetime rights, streaming or otherwise to buyers. >> >> We DO sell DVDs with public performance rights and those rights are good for >> the life of the disc. But we feel comfortable giving these out as the >> material will eventually deteriorate and we are not guaranteeing anything in >> perpetuity. >> >> I'm not going to judge or try to expose other companies who operate in a >> similar manner to Zeitgeist (distributing feature theatrical films) that are >> attempting to sell these rights - but as per Jessica's note I would be a >> little wary. >> >> If they negotiate contracts in a similar manner to us than there is >> absolutely nothing in these contracts stating that we/they can sell >> perpetual streaming or digital site licenses to institutions as of yet. I >> imagine most rights holders would balk at reading something like that in a >> contract but then again, we've also never attempted to put that in. Maybe >> other companies have. >> >> If and when we DO put something like that in our contract for one of our >> titles I will advertise as much. >> >> Ben >> >> Benjamin Crossley-Marra >> Zeitgeist Films Ltd. >> 247 Centre St, 2nd fl >> New York, NY 10013 >> P: 212-274-1989 >> F: 212-274-1644 >> http://www.zeitgeistfilms.com >> >> >> >> >> >> On Mar 15, 2012, at 5:51 PM, Jessica Rosner wrote: >> >>> I get a little concerned when distributors offer lifetime rights on >>> what I would describe as standard feature films, especially foreign >>> ones. I have been working with Flicker Alley to offer their titles >>> with lifetime streaming rights and while they are able to do this with >>> many, but not all of their silent films, it will rarely work when >>> major or even minor rights holders outside the US (as well as ones in >>> the US) are involved. Before buying anything with lifetime rights I >>> would make sure the seller certifies that have a contract with the >>> rights holder that specifically allows them to do it. You do not want >>> a rights holder coming back and telling that the company was not >>> entitled to sell those rights. I believe sometimes this is a matter of >>> interpretation, but I feel strongly that unless a rights holder >>> specifically agrees to such sales by contract, bad things can happen >>> in the future. Any rights holder with sense would agree, but foreign >>> rights holder in particular seem allergic to the concept of lifetime >>> rights. I think Facets has some special relationships with particular >>> filmmakers, but it is a problem for the vast majority of feature films >>> not owned by studios ( they clearly have rights on most of their >>> titles but I don't see them offering lifetime streaming right any time >>> soon). >>> >>> I don't mean to go too "inside baseball" on everyone but since this is >>> basically a very new type of rights not previously included in >>> existing contracts, I would just be careful to make sure there is >>> written agreement ( even if it is just an email) between rights >>> holders and distributors to sell lifetime rights. >>> >>> >>> I am sure distributors are trying to get lifetime streaming rights but >>> other than studios and directors I just don't see a lot of rights >>> holders agreeing. It is likely easier with non fiction films or at >>> least that has been my experience so far. >>> >>> It is going to be a bumpy ride as rights, new distribution methods >>> and copyright laws >>> are posing a lot of new questions and opportunities. >>> >>> On Thu, Mar 15, 2012 at 12:33 AM, Deg Farrelly <deg.farre...@asu.edu> wrote: >>>> I don't recall seeing anything about this on the list... maybe I missed it. >>>> >>>> But I received an announcement today that Facets has launched an >>>> educational site for selling titles with PPR and with in-perpetuity >>>> streaming rights. >>>> >>>> More information on the site here: http://www.facets.org/edu/ >>>> >>>> deg farrelly >>>> ASU Libraries >>>> Arizona State University >>>> P.O. Box 871006 >>>> Tempe, Arizona 85287-1006 >>>> 480.965.1403 >>>> >>>> >>>> ________________________________________ >>>> From: videolib-boun...@lists.berkeley.edu >>>> [videolib-boun...@lists.berkeley.edu] on behalf of >>>> videolib-requ...@lists.berkeley.edu [videolib-requ...@lists.berkeley.edu] >>>> Sent: Wednesday, March 14, 2012 7:52 PM >>>> To: videolib@lists.berkeley.edu >>>> Subject: videolib Digest, Vol 52, Issue 29 >>>> >>>> Send videolib mailing list submissions to >>>> videolib@lists.berkeley.edu >>>> >>>> To subscribe or unsubscribe via the World Wide Web, visit >>>> >>>> https://calmail.berkeley.edu/manage/list/listinfo/videolib@lists.berkeley.edu >>>> >>>> or, via email, send a message with subject or body 'help' to >>>> videolib-requ...@lists.berkeley.edu >>>> >>>> You can reach the person managing the list at >>>> videolib-ow...@lists.berkeley.edu >>>> >>>> When replying, please edit your Subject line so it is more specific >>>> than "Re: Contents of videolib digest..." >>>> >>>> >>>> Today's Topics: >>>> >>>> 1. Re: PPR Question: Where do you post your event info? >>>> (Deg Farrelly) >>>> 2. Call for volunteers - Notable Videos for Adults (Laura Jenemann) >>>> 3. BBC Proposes Downloading Service (Brigid Duffy) >>>> 4. FW: Looking for a reliable DVD jobber (Steinhoff, Cindy) >>>> 5. Re: BBC Proposes Downloading Service (Randal Baier) >>>> >>>> >>>> ---------------------------------------------------------------------- >>>> >>>> Message: 1 >>>> Date: Wed, 14 Mar 2012 20:00:34 +0000 >>>> From: Deg Farrelly <deg.farre...@asu.edu> >>>> Subject: Re: [Videolib] PPR Question: Where do you post your event >>>> info? >>>> To: "videolib@lists.berkeley.edu" <videolib@lists.berkeley.edu> >>>> Message-ID: >>>> <dac3018aad33dc41b8dca4808569d8fb018...@exmbt06.asurite.ad.asu.edu> >>>> Content-Type: text/plain; charset="us-ascii" >>>> >>>> Chris >>>> >>>> We post the text "Includes Public Performance Rights" in the 520 Marc >>>> field. >>>> >>>> There was a survey conducted recently on this topic. Not sure if I have >>>> the right to redistribute the aggregated info... let me check and get back >>>> to you. >>>> >>>> >>>> deg farrelly, Media Librarian >>>> Arizona State University >>>> P.O. Box 871006 >>>> Tempe, Arizona 85287 >>>> 480.965.1403 >>>> >>>> >>>> >>>> >>>> Date: Wed, 14 Mar 2012 14:17:03 -0400 >>>> From: Chris Markman <cmark...@clarku.edu> >>>> Subject: [Videolib] PPR Question: Where do you post your event info? >>>> >>>> Hi Everyone, >>>> >>>> I'm curious, how do you publicize your hard earned >>>> public performance rights? Is this information aggregated anywhere online? >>>> I have an idea for a website and/or iPhone app... >>>> >>>> Best, >>>> >>>> Chris >>>> >>>> ------------ >>>> >>>> Chris Markman >>>> Resource Library Coordinator >>>> Visual & Performing Arts >>>> Clark University >>>> 508.793.7481 >>>> cmark...@clarku.edu >>>> ****** >>>> >>>> >>>> >>>> ------------------------------ >>>> >>>> Message: 2 >>>> Date: Wed, 14 Mar 2012 16:29:03 -0400 >>>> From: Laura Jenemann <ljene...@gmu.edu> >>>> Subject: [Videolib] Call for volunteers - Notable Videos for Adults >>>> To: videolib@lists.berkeley.edu >>>> Message-ID: <4f60ff8f.3090...@gmu.edu> >>>> Content-Type: text/plain; charset=ISO-8859-1; format=flowed >>>> >>>> [Please excuse cross-postings. -- LJ] >>>> >>>> Greetings Media Librarians, >>>> >>>> The Notable Videos for Adults Committee has three vacancies to fill this >>>> year. We aim for a balanced mix of librarians from academic, public and >>>> special libraries that work with media and serve adult populations. We >>>> are looking for three librarians from an academic, special, or public >>>> library to balance out the team. >>>> >>>> This is an opportunity to serve on a rewarding and enjoyable >>>> professional committee at the national level. Members of the committee >>>> must be members of the American Library Association (ALA) and the Video >>>> Round Table (VRT). Please note that representatives or employees of >>>> video producers or distributors are not eligible to serve. >>>> >>>> Each member will serve a term of two years, with a maximum number of >>>> consecutive terms not to exceed two, for a total of four years of service. >>>> >>>> All committee members are required to: >>>> >>>> * Be members of ALA and the Video Round Table (VRT), >>>> >>>> * Attend ALA Midwinter for two consecutive years (Seattle and >>>> Philadelphia), >>>> >>>> * View, evaluate and mail a substantial amount of videos leading up to >>>> ALA Midwinter. Last year, over 60 titles were nominated. >>>> >>>> For complete information about the committee, please visit our web page: >>>> >>>> http://www.ala.org/vrt/notablevideos >>>> >>>> If you are interested in volunteering for the committee, please respond >>>> directly to me by April 1, 2012. A decision on Notable Committee >>>> invitations will be made shortly thereafter in consultation with the >>>> Chair of the Video Round Table. Please indicate your membership status >>>> with ALA and VRT, your ability to commit to attending ALA Midwinter, and >>>> include additional information regarding your experience with videos >>>> (i.e., selection, collection development, reviewing, etc.). >>>> >>>> Please do not hesitate to contact me if you have any questions. >>>> >>>> -- >>>> Laura Jenemann >>>> VRT-Notable Videos Chair >>>> Film Studies/Media Services Librarian >>>> Johnson Center Library >>>> George Mason University >>>> 4400 University Drive MS 1A6 >>>> Fairfax VA, 22030 >>>> Phone: 703-993-7593 >>>> Fax: 703-993-9063 >>>> Email: ljene...@gmu.edu >>>> >>>> >>>> >>>> ------------------------------ >>>> >>>> Message: 3 >>>> Date: Wed, 14 Mar 2012 17:51:46 -0700 >>>> From: Brigid Duffy <bdu...@sfsu.edu> >>>> Subject: [Videolib] BBC Proposes Downloading Service >>>> To: <videolib@lists.berkeley.edu> >>>> Message-ID: <078a179e-e484-49d1-ae51-8c80eeb6a...@sfsu.edu> >>>> Content-Type: text/plain; charset="US-ASCII"; format=flowed; delsp=yes >>>> >>>> From the BBC: >>>> >>>> Project Barcelona to see BBC open archive for downloads >>>> >>>> BBC director general Mark Thompson has announced proposals allowing >>>> viewers to permanently download copies of their favourite shows from >>>> the archives. >>>> >>>> http://www.bbc.co.uk/news/entertainment-arts-17368514 >>>> >>>> >>>> Brigid Duffy >>>> Academic Technology >>>> San Francisco State University >>>> San Francisco, CA 94132-4200 >>>> E-mail: bdu...@sfsu.edu >>>> >>>> >>>> >>>> >>>> ------------------------------ >>>> >>>> Message: 4 >>>> Date: Wed, 14 Mar 2012 22:17:08 -0400 >>>> From: "Steinhoff, Cindy" <cksteinh...@aacc.edu> >>>> Subject: [Videolib] FW: Looking for a reliable DVD jobber >>>> To: "Videolib@lists.berkeley.edu" <Videolib@lists.berkeley.edu> >>>> Message-ID: >>>> >>>> <70584198dfe06344805a8bcb7fd8e49196fc94d...@aacc-mailbox.aacc.cc.md.us> >>>> >>>> Content-Type: text/plain; charset="windows-1252" >>>> >>>> Forwarding for a colleague who is not a subscriber to VIDEOLIB. Please >>>> reply directly to her. >>>> >>>> Thanks, >>>> >>>> Cynthia Steinhoff >>>> Anne Arundel Community College >>>> >>>> >>>> >>>> From: ZIRPOLI, ALEXIS >>>> [mailto:azirp...@cnm.edu]<mailto:[mailto:azirp...@cnm.edu]> >>>> Sent: Monday, March 12, 2012 1:27 PM >>>> To: cj...@ala.org<mailto:cj...@ala.org> >>>> Subject: [cjc-l] Looking for a reliable DVD jobber >>>> >>>> Greetings colleagues, >>>> >>>> I am in charge of all things Tech Services at CNM, including acquisitions, >>>> cataloging, and serials. We?ve recently been awarded some grant money, and >>>> most of what my selectors are wanting on this grant money are DVDs. >>>> Because of the restrictions on the grant, I cannot use a PCard for >>>> ordering. What works best for my institution is to set up a blanket >>>> purchase order with a vendor. As a result, I am looking into setting up an >>>> account with a jobber. >>>> >>>> I would greatly appreciate it if any of you could let me know what jobbers >>>> you use for DVD purchasing, and whether they have been reliable and have >>>> good access to titles. Because we are a community college, I need to find >>>> DVD titles on everything from welding to nursing to the humanities. >>>> >>>> I am currently looking at either Action! Library Media Service or Midwest >>>> Tape (although Midwest has been less than helpful with me regarding >>>> setting up an account with them). >>>> >>>> Thanks in advance! >>>> >>>> Alexis Zirpoli >>>> Technical Services Librarian >>>> CNM Libraries<http://www.cnm.edu/library/> >>>> 525 Buena Vista SE >>>> Albuquerque, NM 87106 >>>> azirp...@cnm.edu<mailto:azirp...@cnm.edu> >>>> 505-224-3275 - phone >>>> >>>> >>>> >>>> >>>> >>>> >>>> >>>> >>>> >>>> The information contained in this email may be confidential and/or legally >>>> privileged. It has been sent for the sole use of the intended >>>> recipient(s). If the reader of this message is not an intended recipient, >>>> you are hereby notified that any unauthorized review, use, disclosure, >>>> dissemination, distribution, or copying of this communication, or any of >>>> its content, is strictly prohibited. If you have received this >>>> communication in error, please contact the sender by reply email and >>>> destroy all copies of the original message. Thank you. >>>> >>>> >>>> >>>> -------------- next part -------------- >>>> A non-text attachment was scrubbed and removed. >>>> Name: image001.gif >>>> Type: image/gif >>>> Size: 6921 bytes >>>> Desc: image001.gif >>>> Non-text attachments are only available in MIME digests. >>>> >>>> ------------------------------ >>>> >>>> Message: 5 >>>> Date: Wed, 14 Mar 2012 22:52:14 -0400 (EDT) >>>> From: Randal Baier <rba...@emich.edu> >>>> Subject: Re: [Videolib] BBC Proposes Downloading Service >>>> To: videolib@lists.berkeley.edu >>>> Message-ID: >>>> <c66d28d1-93db-4437-aee7-2f4a65dcf205@emu-sfpop-mailstore08> >>>> Content-Type: text/plain; charset="utf-8" >>>> >>>> Gee, I hope this allows downloading across the pond. So much of BBC is not >>>> available to USA just now. Thanks for the info on this, Brigid. -Randal >>>> Baier >>>> >>>> ----- Original Message ----- >>>> >>>> From: "Brigid Duffy" <bdu...@sfsu.edu> >>>> To: videolib@lists.berkeley.edu >>>> Sent: Wednesday, March 14, 2012 8:51:46 PM >>>> Subject: [Videolib] BBC Proposes Downloading Service >>>> >>>>> From the BBC: >>>> >>>> Project Barcelona to see BBC open archive for downloads >>>> >>>> BBC director general Mark Thompson has announced proposals allowing >>>> viewers to permanently download copies of their favourite shows from >>>> the archives. >>>> >>>> http://www.bbc.co.uk/news/entertainment-arts-17368514 >>>> >>>> >>>> Brigid Duffy >>>> Academic Technology >>>> San Francisco State University >>>> San Francisco, CA 94132-4200 >>>> E-mail: bdu...@sfsu.edu >>>> >>>> >>>> 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. >>>> >>>> -------------- next part -------------- >>>> An HTML attachment scrubbed and removed. >>>> HTML attachments are only available in MIME digests. >>>> >>>> End of videolib Digest, Vol 52, Issue 29 >>>> **************************************** >>>> >>>> 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. >> >> 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. > > > 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.
