Mark Richie wrote:
> 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 a long time ago, and assumed it was no longer valid, but as I mentioned, I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
> > (312)747-4100
> > firstname.lastname@example.org
-- John Holland Media Express Chicago Public Library (312) 747-4100