My general advice is that if you ever need these rights MAKE sure the
permission is on the SELLER'S letterhead or Invoice or it is worthless
333 W 39th St. 503
NY NY 10018
> From: Mark Richie <Media2@bellatlantic.net>
> Reply-To: email@example.com
> Date: Wed, 25 Apr 2001 13:25:15 -0700 (PDT)
> To: Multiple recipients of list <firstname.lastname@example.org>
> Subject: Re: Legal Question
> Here we go again.
> Low cost video vendors have been using that warning for years. It is hot
> air for libraries. A warning label can't superceed the first sale
> doctrine, fair use or the face to face teaching exemption for public
> performance outlined in the copyright law (Title 17).
> Contract law in most staes requires that BOTH parties agree to
> something. You cannot create a unilateral contract. Unless you SIGNED
> a licence or agreement in which you agreed not to loan the video, the
> federal law is your guide. Accepting and paying an invoice is not enough
> to constitute a contract governing what you can do with the product.
> On the other hand (don't you love this) under advice of none other than
> Ivan Bender we put roughly the following wording on the bottom of all
> our purchase orders as a fair warning to the vendors about our intent.
> "Copyrighted materials listed on this Purchase Order are intended
> for loan to the public and for use by educational institutions under
> the provisions of section 110(1) of the US Copyright Law (Title 17)."
> As a public or academic library you could probably modify this to
> include the section
> covering first sale. If they don;t like it, they can reject the PO. In
> 12 years none have.
> Don't let 'em BS 'ya.
> Cheers - MLR
> 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