[Videolib] Recorded Books - videos

James Scholtz (jimscholtz@sdln.net)
Tue, 19 Aug 2003 13:11:02 -0500

Hi All, one of my staff just received a visit from a Recorded Books rep.
hawking a DVD feature "subscription" service allowing for unlimited
loans/rentals (i.e. loaning to the public) but only 1 public performance
(nontheatrical exhibition) per copy for the life of the DVD. The titles
are award-winning foreign films such as Marion Bridge, Light of My Eyes,
Manito... The subscription service is called "Film Movement." I have
called Recorded Books to discuss the issue and they are doing
research. Basically, the subscription delivers 6 titles the first month
and 1 title thereafter every month for 1 year at a one-time billing price
of $329 (about $20 per title) - great price!! They also have a
defective/replacement warranty. While I'm not a lawyer, this doesn't feel
right (even at the right price of
$20). If this a limited contract license (like Direct Cinema used to be),
then their must be a signed contract (and the buyer doesn't really own the
intellectual property contained within the physical DVD. If it is a true
sale, then it falls with the First Sale Doctrine. The granting of
performance rights falls under the rights of the copyright holder, however,
I don't believe they can restrict or limit the number of times an item is
shown under those rights if given - (i.e. conditions of sale). This is
different than buying a home-use video and then writing to the copyright
holder for an expressed one-time showing. What's your take on the
matter? Or have any of you gotten your copies already and used them or
received any more information about this subscription? Thanks for the
information. Jim S.

James C. Scholtz, Director
Yankton Community Library
515 Walnut St.
Yankton, SD 57078

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