Re: Legal Question

Gary Handman (ghandman@library.berkeley.edu)
Wed, 25 Apr 2001 08:05:17 -0700 (PDT)

The Doctrine of First sale allows rental, resale, etc...however: it looks
like what's going on here is an attempt to indicate an implied license
(i.e. a commercial contract) upon purchase of this title...might well hold
up in court (although there's some considerable difference of opinion
about the legitimacy of this type of "implied" agreement.

Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley, CA 94720-6000
510-643-8566
ghandman@library.berkeley.edu

"You are looking into the mind of home video. It is innocent, it is aimless,
it is determined, it is real" --Don DeLillo, Underworld

On Wed, 25 Apr 2001, John Holland wrote:

> Recently I have run across some new video releases, mainly on smaller
> specilaized labels (but presumably not bootlegs) with the following
> disclaimer on the label:
> "Warning: This videocassette is licensed for private home use. All other
> rights including duplication, broadcast by any means, RENTAL OR LOAN
> CIRCULATION FOR PROFIT MAKING AND/OR LIBRARY PURPOSES and all forms of
> public display are prohibited." (The emphasis in caps is mine).
>
> Most of this is familiar and understood, but the part about renting or
> loaning through a video store or library is new to me. Is this legit? And
> if so, why are they selling their videos through vendors which sell to
> libraries and video stores? Or is it a lot of hot air?
>
> I remember seeing this on some videos which were purchased by the library
> a long time ago, and assumed it was no longer valid, but as I mentioned, I
> have several recent purchases that claim the same rights (I will refrain
> from naming names right now).
>
> Any opinions and/or expert knowledge is welcome!
>
>
> John Holland
> Chicago Public Library
> Media Express
> (312)747-4100
> jholland@chipublib.org
>
>
>