Re: [Videolib] PPR Po Pet Peeve

Gary Handman (ghandman@library.berkeley.edu)
Mon, 14 Apr 2003 17:37:47 -0700

Years ago, ALA's legal counsel, Mary H. Reed, offered the opinion that if a
library stuck such a statement on a PO, and if the seller sold, the sale
implied consent to the terms of the purchase order. Reed was pretty
quickly shot down by cooler and more saavy legal heads...

gary

At 05:24 PM 4/14/2003 -0400, you wrote:
>Ok there is my tong twister
>I just got a PO from a major institution for a new DVD release
>The PO Includes in the text that the title is Purchased WITH PUBLIC
>PERFORMANCE RIGHTS. This drives me NUTS as it has NO legitimate legal force
>and will almost surely lead to this institution thinking or claiming PPR
>on things it does not have. In this case Kino DOES own the PPR but as you
>know many places you might send a PO ( including Kino depending on the
>title) DON'T OWN PPR. In any case PPR is virtually NEVER included on
>Feature Fiction films. I have NO idea what the university wants the PPR
>FOR. Sometimes I get forms that at least ASK for specific rights which I can
>always check NO on if it is in fact a PPR right ( sometimes they just ask
>for things they have anyway like circulating the title on or off campus).
>What scares me is that this is a BIG school which I am sure sends out a lot
>of PO's like this one. Does anyone know of any other institutions which just
>assume PPR if they stick in the PO?
>Luckily this one has a phone # ( and e mail) otherwise I would literally
>toss it
>
>Jessica
>--
>Jessica Rosner
>Kino International
>333 W 39th St. 503
>NY NY 10018
>jrosner@kino.com
>
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Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley
ghandman@library.berkeley.edu
http://www.lib.berkeley.edu/MRC

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