Re: Legal Question

Becky Albitz (r2a@psulias.psu.edu)
Wed, 25 Apr 2001 08:32:50 -0700 (PDT)

I see a parallel with click-through or shrink-wrap licenses that software
companies use. These, for the most part, have not stood up in court
because you were unaware of the restriction prior to purchase, unless, as
Jessica says, you signed something that gave away the right of first sale.

Becky

At 08:12 AM 4/25/01 -0700, you wrote:
>I think we have been through this one. Unless you signed something when you
>purchased the tapes agreeing to those type of terms, the rest is
>unenforceable because it goes against standard fair use, right of first sale
>law. In order to place restrictions on the items, the seller/producer would
>have an agreement in place with you.
>In fairness this may not require an actual written contract but it would
>require at least an EXPLICIT oral agreement at the time of purchase
>--
>Jessica Rosner
>Kino International
>333 W 39th St. 503
>NY NY 10018
>jrosner@kino.com
>
> > From: John Holland <jholland@chipublib.org>
> > Reply-To: videolib@library.berkeley.edu
> > Date: Wed, 25 Apr 2001 07:42:50 -0700 (PDT)
> > To: Multiple recipients of list <videolib@library.berkeley.edu>
> > Subject: Legal Question
> >
> > 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 a long time ago, and assumed it was no longer valid, but as I mentioned, I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
> >
> >