Re: Legal Question

Clark, Jeff (clarkjc@jmu.edu)
Wed, 25 Apr 2001 08:36:14 -0700 (PDT)

Gary,

It sounds like you've nutshelled the intent behind this
proscriptive warning.

My sense of the "implied license" holding up wouldn't be
any greater than the "implied consent" holding up if you
stamp your purchase order with your intended use and the
vendor (no, not a mass market but vendor of origin)
fills it automatically. I don't know what that chance is,
but I assumed until now it isn't very great. But then we
need a case to really tell, don't we? ;)

That is, unless UCITA gets implemented in all the
states--then video distributors could place themselves
under contract law instead and the prohibition becomes
reality. Except where states amend UCITA in the process
of ratification to protect libraries. Ours just went
through this process (and UCITA goes into effect here in
July).

One hopes that enough states are sensible enough to
reject the whole deal, and it looks like enough of them
will be right now....

Jeff

On Wed, 25 Apr 2001 08:05:16 -0700 (PDT) Gary Handman
<ghandman@library.berkeley.edu> wrote:

> 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
> >
> >
> >
>