to 2nd what Dennis said I am in fact so notorious about sending screeners that I earned and nickname I will not repeat when I was at Kino. If I receive a screener request I first vet the request to make sure the venue knows there is a rental fee and there is no potential conflict with other showings. I make it very clear to the fest that the screener can not even be loaned or watched by anyone other than the committee and I make the person requesting it confirm they are personally responsible for it. I routinely turn down requests even from major fests when they ask for multiple copies. Also all screeners are "watermarked" meaning they have "SCREENER " and often other wording on the tape. Given the modern age this is basically done via email but I certainly consider it a contract and have blackballed at least two fests that violated the rules. I have never dealt the the Rhode Island Fest but I think it is safe to assume the majority of the screeners they got came under similar conditions. Unless the festival were to sign an affidavit saying no one ever asked for a screener to be returned or marked them as such and they would take legal/financial responsibility should any problems arrive I would stay the hell away from such "donations".
On Sat, Aug 4, 2012 at 8:33 AM, Dennis Doros <[email protected]> wrote: > Michael, > > I'd have to disagree, since there is no sale implied (and most filmmakers > pay an entry fee -- I've always refused those fests) and use for the > festival only is implied as well. Of course, that is if there is no entry > form but almost all do and the rights are almost always spelled out. One > festival in Canada -- ironically a labor film festival -- actually states > that the DVDs submitted can afterwards be distributed by them. (We laughed > and told the filmmaker to throw away the request for a screener.) > > But based on a discussion on this list a few months ago, this is why all > my screeners say "Property of Milestone. Not for Sale." and "Must be > returned to Milestone" and my emails to festivals specifically state they > have to be returned. Also, I carefully check all entry forms to make sure > there are no other rights implied. Of course, my films already have a > distributor, and filmmakers have other concerns to be in a festival. > > 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: [email protected] > Visit our main website! www.milestonefilms.com > Visit our new websites! www.shirleyclarkefilms.com, > www.comebackafrica.com www.ontheboweryfilm.com > <http://www.killerofsheep.com/> > Support "Milestone Film" on > Facebook<http://www.facebook.com/pages/Milestone-Film/22348485426> > and Twitter <https://twitter.com/#%21/MilestoneFilms>! > See the website: Association of Moving Image > Archivists<http://www.amianet.org/> and > like them on > Facebook<http://www.facebook.com/pages/Association-of-Moving-Image-Archivists/86854559717> > > AMIA 2012 Conference, Seattle, WA, December > 4-7!<http://www.amiaconference.com/> > > On Fri, Aug 3, 2012 at 12:05 PM, Brewer, Michael < > [email protected]> wrote: > >> If there is a contract, that would be what you'd need to check. >> Otherwise, this is a first sale issue. As long as these are legal copies, >> the owner of those copies can do what they want with them within the law >> (loan, view privately, sell, destroy, use in the classroom under section >> 110, etc.) >> >> Michael Brewer >> Team Leader for Instructional Services >> University of Arizona Libraries >> [email protected] >> >> >> -----Original Message----- >> From: [email protected] [mailto: >> [email protected]] On Behalf Of Stanton, Kim >> Sent: Friday, August 03, 2012 9:02 AM >> To: [email protected] >> Subject: Re: [Videolib] Film festival submissions? >> >> I don't have a good legal frame of reference here but this seems >> extremely dicey, especially if these are being added to a circulating >> collection. If I were you, I would look at the submission contract one >> more time. Does the document indicate that the festivals right to preview >> would be the exclusive use of the screener? >> >> There have been discussions on this topic on Videolib in the past, but I >> don't know if there was a definitive answer. Maybe someone will chime in >> with more info. >> >> Good luck, >> >> Kim Stanton >> Head, Media Library >> University of North Texas >> [email protected] >> P: (940) 565-4832 >> F: (940) 369-7396 >> >> -----Original Message----- >> From: [email protected] [mailto: >> [email protected]] On Behalf Of Angelica G Ferria >> Sent: Friday, August 03, 2012 10:28 AM >> To: [email protected] >> Subject: [Videolib] Film festival submissions? >> >> Hello, >> >> I was wondering if any of you could give me a bit of direction. >> >> Our Media Center recently received the 2007-2011 submissions from the >> Rhode Island International Film Festival. We have a Film Program here and >> we're the state college, so it makes sense. We'd like to catalog these >> items and add them to the circulating collection (there are over 500 from >> all over the world, most are not in WorldCat). Do we need the permission >> of the film creator to do this? It did not say anything on the submission >> paperwork about works being given to us after the festival as it was just >> decided, (we're going to fix that for next year). The submission contract >> is the usual boilerplate, allowing the festival rights to screen and no >> obligation to return. We're not going to copy these items, or have >> screenings, the films will only be for educational and entertainment use. >> >> There is the possibility we could contact *most* of the submitters, >> however, if it's not necessary we would prefer to make the changes to the >> future submission process and go from there. >> >> I'd appreciate any pointers you could share. >> >> Thanks. >> >> Angel >> >> 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. >> > > > > -- > > > > 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.
