[Videolib] Re: promotional copies

Jed Horovitz (JedH@internetvideoarchive.com)
Tue, 10 Aug 2004 09:59:46 -0400

As someone who has been getting all kinds of promos, since they were vinyl,
I can tell you it comes down to the issue of do you believe that 'shrink
wrap' licenses supercede the 'first sale doctrine'. If you do, then you
can't use them because they are limited by that license. If you think that
a one sided notification is not a contract or if you think that a contract
between two other parties is not binding on a third or if you think that the
agreement is made moot by a 'constitutional right' than you can use them.

On a practical note, what is your liability? Copyright does not pertain to
the object just the copying and certain performances. If it is a valid
contract, than are you a party?

In my opinion it is a moral question. What does your institution believe
and what example does it want to set? I think you should use them. I have
been donating mine to the FOL for years and will continue to do so unless
the sender(s) asks me to return them after viewing and pays the shipping. I
never sell them. These are my personal terms of use.


-----Original Message-----
From: videolib-bounces@library.berkeley.edu
[mailto:videolib-bounces@library.berkeley.edu]On Behalf Of John F.
Sent: Monday, August 09, 2004 6:34 PM
To: videolib@library.berkeley.edu
Subject: [Videolib] Re: promotional copies

One of our patrons has donated his collection of videos to the library. The
catch: He's votes on the Emmys and these are all copies given to him for
review. I told the branch manager that I don't belive we can add them, all
have "Not for sale or distribution" labels. Anyone care to share their

Ignorance more frequently begets confidence than does knowledge.
Charles Darwin

John F. Fossett
Media Librarian
Kitsap Regional Library
1301 Sylvan Way
Bremerton, WA 98310

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