RE: Selling VHS with Public Performance Rights

Hornbeck, Patty (hornbeck@jaguar.middlebury.edu)
Fri, 13 Jul 2001 11:07:30 -0700 (PDT)

It is my understanding that, unless the sales contract specifies otherwise,
the original purchaser can lend, rent or resell video/film materials -- this
right is what enables institutional lending libraries like Penn State's to
operate -- but I don't believe this right can be passed along to the next
purchaser. Given the context, however, selling second-hand "shelf-sitter"
videos at a Friends of the Library annual booksale, I would do it without
worrying about it.

The producers, who granted "limited public performance rights..solely for
face-to-face education" to the purchasers of their videos, could have used
some input of their own about fair use.

Patty Hornbeck
Middlebury College
Sunderland Language Center
Middlebury, VT 05753

(802)443-2268 phone
(802)443-2075 fax
Email: Hornbeck@middlebury.edu

> -----Original Message-----
> From: Jan Derks, Collection Development [SMTP:jderks@ald.lib.co.us]
> Sent: Friday, July 13, 2001 1:35 PM
> To: Multiple recipients of list
> Subject: Selling VHS with Public Performance Rights
>
> We purchased numerous children's videos from SVE/Churchill that have no
> cover graphics and will be "shelf-sitters" in our public library
> branches. The statement on the back of each videos says: "Limited Public
> Performance rights...Programs may be used solely by the purchaser in
> face-to-face education at a single location." We'd like to donate the
> videos to our Friends of the Library annual booksale but the Friends
> groups is concerned about whether they can legally sell these. Can
> anyone think of a legal reason that would prevent our Friends group from
> selling these videos? I'd sure appreciate any input you can give me on
> this. Thanks! ~ Jan
>
> --
> Jan Derks
> AV Collection Development Librarian
> Arapahoe Library District
> Littleton,CO 80121
> Phone: 303-220-7704 x239
> Fax: 303-740-8283
> E-mail: jderks@ald.lib.co.us
>