Re: [Videolib] Recorded Books - videos

clarkjc@jmu.edu
Tue, 19 Aug 2003 17:45:40 -0400

Jim,

This is very odd.

A few months back, I took out a subscription directly with
Film Movement at their website--paying by corp credit card--
and have not regretted it. Their releases are wonderful, and
superbly transferred. (Barring a couple supplementary
glitches that come with the the latest release, "O.T.: Our
Town").

However... the explanatory info on Film Movement's website
(last time I checked a while back) indicated that
subscriptions are individual, and that the FM organization
intends titles not to be available for rental. Whether that
applies to commercial rental agencies, or was meant for
libraries as well, I don't know. Before subscribing, I called
and spoke to a FM rep about this issue. He told me it would
be okay for a subscription taken out by me, to be made part
of our media collection and loaned to our usual campus
clientele.

I don't know whether that situation has changed, or was
stated extemporaneously before further thought on FM's part.
But one would normally expect that public performances of
such DVD videos is governed by the same general copyright
guidelines that other commercial videos are, without special
contractual restrictions stated as part of the purchase
agreement. I wonder if Recorded Books is speaking on behalf
of FM, with their authority. I'd contact FM directly, and
see what special policy they may have (if any) on public
performance that's different from what one would assume under
copyright law.

No matter what, though, you can't go wrong with this series.
I want this outfit to survive in the longer run and keep up
its valuable releases. I've watched every one of them, and
have no regrets yet.

Jeff

---- Original message ----
>Date: Tue, 19 Aug 2003 13:11:02 -0500
>From: James Scholtz <jimscholtz@sdln.net>
>Subject: [Videolib] Recorded Books - videos
>To: videolib@library.berkeley.edu
>
>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
>605-668-5276
>jimscholtz@sdln.net
>
>_______________________________________________
>Videolib mailing list
>Videolib@library.berkeley.edu
>http://www.lib.berkeley.edu/mailman/listinfo/videolib

===========
Jeff Clark
Director
Media Resources MSC 1701
James Madison University
Harrisonburg VA 22807
clarkjc@jmu.edu (email)
540-568-6770 (phone)
540-568-7037 (fax)
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