It really depends on the EXACT language and circumstances. If indeed indie filmmakers looking for distribution and not being too careful or concerned just submitted all the films unsolicited then the law regarding receiving unsolicited material would apply, if however the festival did solicit many films ( which I suspect they did) it is a different story. I honestly can not imagine any serious festival (save the few shady ones that are scams that make money on submission fees) that did not solicit and contact filmmakers asking them to submit a film. Then the language of the "boilerplate" form would be important. It is one thing to say the festival does not have to return the film ( who wants to mail back 500 titles some of which outside the US) but something entirely different to keep them and then donate them to 3rd party which would allow access of any kind.To be honest I make it a point never to deal with festivals like this because they don't pay and often ask for a submission fee and I work with films that already have a distributor and the honor of playing the Rhode Island International Film Festival or literally ANY film festival is not worth it in my view unless there is payment involved. I understand that many fests like this one deal largely in films that either have no distribution and are unlikely to have any theatrical play so filmmakers believe a screening is a good thing. However this again hinges on if the films were solicited and what if any language there was regarding keeping the material ( which is far more than not returning it) and being able to pass it on to third party. Lets think of this in non media terms. Suppose you needed material from an author that was not published or a work in progress and the author agreed to send you a copy saying they did not need it returned, does that give you the right to add the manuscript to the library collection even if say it went to "special collections" and did not circulate? Hardly.
It is a very sensitive issue for filmmakers as well as distributors for their work to be used without their EXPRESS permission and knowledge and with no fee paid. Now if you want to as you mentioned contact the filmmakers that is entirely different. In order to make an informed judgement one needs to know exactly what the form said and if the festival approached the filmmaker /distributor or vice versa, but to be blunt if it became known that the festival or any festival donated screeners to a library I can pretty much guarantee the only things "submitted" in the future would be of low quality from fairly desperate people as no serious filmmaker and certainly no distributor wants to give up rights as a condition of entering a festival. On Thu, Aug 16, 2012 at 6:04 PM, Haller, Dorcas W. <[email protected]> wrote: > Oh, let's back up a minute.**** > > ** ** > > Here's what Angel originally wrote:**** > > ** ** > > *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.***** > > ** ** > > It appears that RIIFF *gave* the submitted films to URI to keep – perhaps > as a kind of archive? Perhaps this donation was *unsolicited*? Angel’s > right, it does make sense to keep the submissions at the state university, > if the festival folks are thinking of preserving/archiving the films. Angel > states that the contract allows for *the festival* to screen the films > and there’s *no obligation to return* the films. The university clearly > doesn’t have the right to screen the films and I think adding them to the > circulating collection sounds problematic. However, the university does > have a film program, and perhaps – after getting permission from the > film-makers – the library could catalog the films and make them available > on a *room-use-only* basis. **** > > ** ** > > Obviously the film-makers enter and show their work at festivals in the > hopes of attracting distributors. They also want their work seen by the > general public, that’s why tickets are sold to the general public. The > films are not for distributors’ eyes only. If they were, why have public > film festivals? Having the films seen by students at a university with a > film program, on a restricted basis in the library, might be a very > beneficial thing, for both the students and the film-makers.**** > > ** ** > > As a librarian, I understand the desire to archive and preserve the > submissions for research, study and historical record. What better place > than at a state university library’s AV department? **** > > ** ** > > What do other film festivals do with submissions? **** > > ** ** > > Dusty Haller**** > > ** ** > > Dorcas Haller**** > > Librarian/Professor/Department Chair**** > > Community College of Rhode Island Library**** > > One Hilton Street, Providence, RI 02905**** > > [email protected]**** > > Phone: 401-455-6085 **** > > Fax: 401-455-6087**** > > ** ** > > -----Original Message----- > From: [email protected] [mailto: > [email protected]] On Behalf Of nahum laufer > Sent: Thursday, August 16, 2012 2:52 PM > To: [email protected] > Subject: [Videolib] previews > > ** ** > > Two weeks ago Angel asked for advice if she can use 500 Preview DVDs that > Rhode Island IFF passed on to her library, I wrote my advice privately by > e-mail I did not get a response neither did I notice a response from her to > all the advice that appeared on this blog.**** > > So I wrote a second e-mail asking Angel to send $ 500 to Erez Laufer films > as 2 of the DVDS were Preview DVDS I sent to RIIFF "The Darien Dilemma" & > "Rafting to Bombay", ($250 is the catalogue price for Library use with > Public Performance Rights) of course she can tell me that she destroyed > those DVDs, my advice was destroy all.**** > > ** ** > > I must remark, that these days the business of distributing films is done > by e-mails, it is a business of trust, I trust my clients and I'm sure they > trust me, I use short, mostly impersonal mails without too many > explanations, who wants to get a preview with a 22 page contract? So all I > "say" in the e-mail is I'm sending you a Preview DVD.**** > > With an understanding what a preview is, that it is a preview. Only a > preview, just so the Festival will know if they want the film or not. It is > not a present, a free copy, or a legal "first sale" any use other than as a > preview is a break of trust, and what RIIFF has done is unforgivable .**** > > Maybe it is legal (I don't think so) but it stinks I believe if this news > goes around nobody will ever send a preview to RIIFF, I will not they have > shot their own leg. **** > > I'm sending Previews not only to Film Festivals, also film Series, TV > Stations, Cinemas. Community Centers, newspapers (for reviews) and > occasionally a professor will ask for a preview so to see if s/he wants it > for the library to buy. I will continue to send Previews for I trust People > specially librarians, Angel & RIIFF you don't have to worry that I will go > to court, I want to distribute films and don't have the time or energy for > legal fights.**** > > Listen to my advice destroy the DVDs.**** > > Cheers everybody**** > > ** ** > > Nahum Laufer**** > > http://onedayafterpeace.com/index.php**** > > http://docsforeducation.com/**** > > Sales**** > > Docs for Education**** > > Erez Laufer Films**** > > Holland st 10**** > > Afulla 18371**** > > Israel**** > > [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.**** > > 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.
