Jessica, This is not true... screeners and promotional copies are indeed legal copies and available to add to a collection if a library chooses to do so. Of course if a contract was signed it's a different story.
https://www.eff.org/press/archives/2011/01/04-0 From: [email protected] [mailto:[email protected]] On Behalf Of Jessica Rosner Sent: Sunday, August 05, 2012 12:08 PM To: [email protected] Subject: Re: [Videolib] Film festival submissions? Michael, Most filmakers and I would venture all the rights holders/ sales agents who generally deal with festivals would NEVER want this and rightly so. For obvious reasons people want to be paid for their work and obviously having a festival donate screeners would I assure you be the end of at least serious feature films for festivals. Many films don't get distributed for years after a festival show and no one is going to track them down or frankly want them in circulation without payment even if they never acquire distribution. Libraries are always free to contact filmmakers and rights holders to acquire their work You are correct that "first sale" does not have to be a sale but it does have to be a legal copy and not one with "screener" emblazoned on it anymore than if I taped something off TV 5 years ago and gave it to the library it would be a legal copy. It is legal for me to own it, it is not legal for a library to add to their collection. On Sat, Aug 4, 2012 at 1:08 PM, Brewer, Michael <[email protected]<mailto:[email protected]>> wrote: Dennis, I'm not disagreeing with you or Jessica that these most often should not make their way into libraries. It would be great to be able to work out an arrangement where they could be added to collections under certain conditions (under a contract), for in house, scholarly use (and decommissioned if the title is ever made available for purchase). I realize that would be hard to do, but it might actually serve filmmakers and scholars well. As for "First Sale," this is just what people have called it. It does not require a sale at all, just a transfer of ownership. Clearly, if the documented agreement is just a loan of the copy, and not a transfer of ownership, first sale/109 would not apply. mb On Aug 4, 2012, at 5:33 AM, Dennis Doros 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<tel:201-767-3117> / Fax: 201-767-3035<tel:201-767-3035> / Email: [email protected]<mailto:[email protected]><mailto:[email protected]<mailto:[email protected]>> Visit our main website! www.milestonefilms.com<http://www.milestonefilms.com><http://www.milestonefilms.com/> Visit our new websites! www.shirleyclarkefilms.com<http://www.shirleyclarkefilms.com><http://www.shirleyclarkefilms.com/>, www.comebackafrica.com<http://www.comebackafrica.com><http://www.comebackafrica.com/> www.ontheboweryfilm.com<http://www.ontheboweryfilm.com><http://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/#!/MilestoneFilms<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]<mailto:[email protected]><mailto:[email protected]<mailto:[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]<mailto:[email protected]><mailto:[email protected]<mailto:[email protected]>> -----Original Message----- From: [email protected]<mailto:[email protected]><mailto:[email protected]<mailto:[email protected]>> [mailto:[email protected]<mailto:[email protected]><mailto:[email protected]<mailto:[email protected]>>] On Behalf Of Stanton, Kim Sent: Friday, August 03, 2012 9:02 AM To: [email protected]<mailto:[email protected]><mailto:[email protected]<mailto:[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]<mailto:[email protected]><mailto:[email protected]<mailto:[email protected]>> P: (940) 565-4832<tel:%28940%29%20565-4832><tel:%28940%29%20565-4832> F: (940) 369-7396<tel:%28940%29%20369-7396><tel:%28940%29%20369-7396> -----Original Message----- From: [email protected]<mailto:[email protected]><mailto:[email protected]<mailto:[email protected]>> [mailto:[email protected]<mailto:[email protected]><mailto:[email protected]<mailto:[email protected]>>] On Behalf Of Angelica G Ferria Sent: Friday, August 03, 2012 10:28 AM To: [email protected]<mailto:[email protected]><mailto:[email protected]<mailto:[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.
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.
