[Videolib] Reasonable Effort and Fair Price

Deg Farrelly (DEG.FARRELLY@asu.edu)
Tue, 18 Mar 2003 18:49:43 -0700

Since I posted the note about copyright provisions allowing for copying, I
will take the first stab at answering this one....

Reasonable effort to me mean - in addition to attempts to contact by phone
and in writing the last known distributor of a title - consulting standard
reference sources (such as Variety Video Directory and OCLC WOrld Cat),
checking major vendors' catalogs, and online distributors such as Facets and
Amazon, and posting to appropriate discussion lists.

What other reasonable efforts do others make?

"Fair price" is not defined by the law. So it is open to interpretation.
Is $100 a fair price for a new copy of an out of print title? $1000? That
will depend on the title, and the buyer.

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

Ben Achtenberg wrote:

<<I'm very curious to know how one could claim to have made a "reasonable
effort" to find a new copy without having also made a reasonable effort to
find the copyright holder -- i.e., the person or legal entity with the
right to control the making and sale of such copies.

Please note that the legal standard for "reasonable effort" is quite high
these days. A query to your favorite listserv (even this one) and a quick
"google" will not suffice.

Please note also that the standard for what is a "fair" price is not
something that you get to decide for yourself, any more than you can decide
for yourself what you think is a fair price for the car you'd like to buy.
There are legal criteria for "fairness" in this area as well.>>

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