[Videolib] Re: promotional copies

Mike Tribby (mike.tribby@quality-books.com)
Tue, 10 Aug 2004 12:07:50 -0500

"Please do not send me something unsolicited with conditions and expect me
to abide by those conditions unless I confirm that I will. It takes two to
tango. Putting your conditions on something and sending it to me is not a
contract. If they told the person they sent the screener to that he had to
kill himself after watching, would that be a legal contract?"

The quick answer, given some of the crap we receive here, would be that
sometimes I'd prefer the sender kill himself, but that seems too flip for
this august forum.

"Lording one's corporate legal budget over librarians is what is
reprehensible"

How true, how gallant. Seriously though, Jed, are you saying that in a case
where the library doesn't know under what conditions the donor received the
potential gift, it is incumbent upon the library to determine whether it's
legal to accept the gift? In the original question on this thread (at least
the original question on the current incarnation of this thread), the donor
was an Emmy voter who was presumably engaged in at least an implied contract
with the sender. Maybe the people who send out the screeners for the Emmys
don't require that the voters refrain from redistribution, but that seems
unlikely. You'd think they'd be at least as careful as A&E. You can't
argue that in this specific case the vids that were being donated were
unsolicited. Or can you?

Mike Tribby
Senior Cataloger
Quality Books Inc.
The Best of America's Independent Presses

mailto:mike.tribby@quality-books.com

-----Original Message-----
From: Jed Horovitz [mailto:JedH@internetvideoarchive.com]
Sent: Tuesday, August 10, 2004 10:28 AM
To: videolib@library.berkeley.edu
Subject: RE: [Videolib] Re: promotional copies

Please do not send me something unsolicited with conditions and expect me to
abide by those conditions unless I confirm that I will. It takes two to
tango. Putting your conditions on something and sending it to me is not a
contract. If they told the person they sent the screener to that he had to
kill himself after watching, would that be a legal contract?

Lording one's corporate legal budget over librarians is what is
reprehensible. The collateral damage to our 'free' society is that we are
rapidly becoming a 'permission based' one.

Jed
PS. This has nothing to do with the previews sent to my business per our
terms of use which explicitly define what we will and won't do with material
but applies to unsolicited copies of movies and records sent to an
individual. It is like junk mail and spam.

-----Original Message-----
From: videolib-bounces@library.berkeley.edu
[mailto:videolib-bounces@library.berkeley.edu]On Behalf Of Jessica Rosner
Sent: Tuesday, August 10, 2004 10:39 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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