RE: copyright question

Bergman, Barbara J. (
Mon, 2 Dec 2002 07:29:31 -0800 (PST)

The Right of First Sale lets you lend videos, books, and everything else
in the library.

Sounds like this person was confusing home use which is always okay with
public screenings that would have restrictions because of needing public
performance rights.


Barb Bergman
Media Services Librarian
Minnesota State University-Mankato
(507) 389-5945

-----Original Message-----
From: Jan O'Neill []
Sent: Monday, December 02, 2002 9:02 AM
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

Thanks so much for your help. jan

Jan O'Neill
Media Collection Development Librarian
Tidewater Community College
1428 Cedar Road
Chesapeake, VA 23322