Video circulation without permission from vendor

Deg Farrelly (DEG.FARRELLY@asu.edu)
Mon, 2 Dec 2002 11:18:08 -0800 (PST)

Jan O'Neill writes:

<snip>

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.
<snip>

> 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?
>
>
Answers:

1. No
2. Yes

UNLESS you have signed a licensing agreement that limits the use of a
particular title, the "Rule of First Sale" applies.

Under the rule of first sale, the owner of a particular copy of protected
material "is entitled, without the authority of the copyright owner, to sell
or otherwise dispose of the possession of that copy or phonorecord. "
17 U.S.C. 109(a) (1988).

The vendor or distributor cannot dictate how you use the item (within other
provisions of copyright, of course, such as duplication, transmission,
public performance, etc.)

Hope this helps.

deg farrelly, Associate Librarian
Media/Communications Studies/Women's Studies
Arizona State University West
P.O. Box 37100
Phoenix, Arizona 85069-7100
Phone: 602.543.8522
Email: deg@asu.edu