[Videolib] Re: promotional copies

Ryan Whitehead (ryan@facets.org)
Tue, 10 Aug 2004 10:41:36 -0500

I just looked at the sticker on several promotional copies. It reads "FOR
PREVIEW ONLY - Not For Sale of Rental." Even if you assume that any time
someone places a disclaimer anywhere on an object or message that you are
obliged to abide by the stated terms as if they were contractual, this
doesn't specifically forbid library "lending"; it is not "sale" or "rental";
right? Nor, strictly speaking, is it "distribution." And aren't library
patrons merely "previewing" the film? Perhaps they will later purchase a
copy? One can dismiss this as semantics, but Jed's point that copyright
pertains only to copying and certain types of performances is the real item
under contention, not his contention that lending screeners is a moral act
of disobedience. I can see why many will consider staking claim to the moral
high ground to be a stretch.

Sincerely,

Ryan Whitehead

DISCLAIMER: Reading this message implies a contractual agreement to send me
85% of your current net worth. Failure to do so will be considered a breach
of contract and appropriate legal action will be taken. You have been
warned!

-----Original Message-----
From: videolib-bounces@library.berkeley.edu
[mailto:videolib-bounces@library.berkeley.edu]On Behalf Of Jessica
Rosner
Sent: Tuesday, August 10, 2004 9:39 AM
To: videolib@library.berkeley.edu
Subject: Re: [Videolib] Re: promotional copies

Normally I would leave this alone since the answer is an obvious no
but the idea that you would be setting a good "moral" example by using them
is so absurd I have to comment. Screeners are sent by companies to critics
Academy voters etc who agree NOT to give them out, that is WHY they have the
notice to begin with. The person offering the "donation" is in my mind
committing the immoral act by offering something he was told not to give out
These are SCREENERS not intended for public use which is EXACTLY why they
have the warning right on the box and the tape. This IS a contract in black
and white
On the PRACTICAL side most screeners have pop up warnings throughout the
tape and I would startled if some or most of these did not so they would
be unlikely to be of any use anyway.

On a personal note, I find it reprehensible that Jed thinks it is fine
to give away screeners with clear warnings from companies that presumably
sent them as review copies or to be used on his search engine
Don't expect any from Kino

Jessica Rosner
Kino International
333 W 39th St. 503
NY NY 10018
jrosner@kino.com
212-629-6880

> From: "Jed Horovitz" <JedH@internetvideoarchive.com>
> Reply-To: videolib@library.berkeley.edu
> Date: Tue, 10 Aug 2004 09:59:46 -0400
> To: <videolib@library.berkeley.edu>
> Subject: RE: [Videolib] Re: promotional copies
>
> 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.
>
> Jed
>
> -----Original Message-----
> From: videolib-bounces@library.berkeley.edu
> [mailto:videolib-bounces@library.berkeley.edu]On Behalf Of John F.
> Fossett
> Sent: Monday, August 09, 2004 6:34 PM
> To: videolib@library.berkeley.edu
> Subject: [Videolib] Re: promotional copies
>
>
> Hey,
> 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
> knowledge?
> Regards,
> John
>
>
> Ignorance more frequently begets confidence than does knowledge.
> Charles Darwin
>
> John F. Fossett
> Media Librarian
> Kitsap Regional Library
> 1301 Sylvan Way
> Bremerton, WA 98310
> (360)405-9101
> john@krl.org
>
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