Re: copyright question

Jessica Rosner (
Mon, 2 Dec 2002 07:16:29 -0800 (PST)

At the risk of offending fellow vendors, the right of first sale means that
you can loan a title out for any non-public showing UNLESS you specifically
signed a contract stating otherwise. I suppose there may be an implied
consent with vendors who state restrictions in catalogues but I suspect it
would be unenforceable. However copyright law itself places no restrictions
on loaning material for either personal or classroom use ( Non -public)


Jessica Rosner
Kino International
333 W 39th St. 503
NY NY 10018

> From: "Jan O'Neill" <> > Reply-To: > Date: Mon, 2 Dec 2002 06:58:23 -0800 (PST) > To: Multiple recipients of list <> > Subject: copyright question > > We are a community college library and, as a service to our students, > have started to let some of our videos go out for 48 hours at a time. > Before starting this program, I was told, by someone in the college who > knows much more about copyright than I, that it would be best to first > check vendor catalogs and websites to see if there are any circulation > restrictions placed on their titles. If nothing was found I should then > call the vendors and ask if there are any restrictions. > > I did find a few in catalogs and on websites. For example, California > Newsreel's catalog clearly states that " ... Cassettes are sold for use > only on a single campus of multi-campus institutions. Off campus use, > whether for free or rental, is prohibited. ..." However, most vendors > have nothing about circulation restrictions either in their catalog or > on their website. > > I did call some companies. Some vendors said no to checkout for any of > their titles. When I really got into this, I was finding that we had > purchased the exact same title from another vendor, it would be able to > circulate overnight. The prime example of this is the PBS series on > Ellis Island. PBS says there are no restrictions. We can loan their > titles out overnight and on ILL. Unfortunately, the college didn't > purchase it from PBS but from a very small company that said no to any > circulation off campus. That seems a little strange. > > So, my questions are: > > 1. Do I really need to call to ask if no restrictions are stated in > the catalog or on the website? > > 2. If the answer is no, can I disregard the information I have already > accumulated? > > Thanks so much for your help. jan > > > > Jan O'Neill > Media Collection Development Librarian > Tidewater Community College > 1428 Cedar Road > Chesapeake, VA 23322 > 757-822-5161 > >