[Videolib] Question on Site license agreement - ABC News video

Jed Horovitz (JedH@internetvideoarchive.com)
Fri, 17 Sep 2004 15:09:21 -0400

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Re: [Videolib] Question on Site license agreement - ABC News videoOk. We
agree it is a monopoly. I totaly disagree that copyright is a natural right
that accrues to someone who creates something just because they created it.
It is a right granted by the society via the government and comes with
restrictions that I don't think are nearly strong enough. I think it is
under regulated and over used for anti-competitive ends that do not foster
progress in the arts and sciences. I also think that the market does not
work to control the price fairly. Just see Gary's and Susan's posts on the
non fungibility of titles. You can't have your cake and eat it
too....unless it is copyrighted I guess. Jed
-----Original Message-----
From: videolib-bounces@library.berkeley.edu
[mailto:videolib-bounces@library.berkeley.edu]On Behalf Of Jessica Rosner
Sent: Friday, September 17, 2004 1:30 PM
To: videolib@library.berkeley.edu
Subject: Re: [Videolib] Question on Site license agreement - ABC News

Ok I should NOT fall for this but one last response
OF COURSE COPYRIGHT IS A MONOPLY , people who create ( or pay others to
a UNIQUE piece of work ARE THE OWNERS of this work. We can argue whether
95 years
is an unfair amount of time to protect Mickey Mouse but if a person
writes a book, or a company makes a film IT IS THEIRS. They can charge what
they want for it and you don't have to buy it or see it if you don't think
the price is fair.
Congratulations Jed you are the first person that every made me side with
on a copyright question
( No Dennis this DOES not mean I am going to root for the Mets, some
things are

Jessica Rosner
Kino International
333 W 39th St. 503
NY NY 10018

From: "Jed Horovitz" <JedH@internetvideoarchive.com>
Reply-To: videolib@library.berkeley.edu
Date: Fri, 17 Sep 2004 12:41:31 -0400
To: <videolib@library.berkeley.edu>
Subject: RE: [Videolib] Question on Site license agreement - ABC News

Thanks. Your attitude that works are not fungible in any way is perfect
proof that copyright is a monopoly and should be thus regulated.

On a practicle level (and at a university where you are supporting
professors and researchers) I am sure there are situations where items are
not fungible BUT for the librarian building a collection (as opposed to
filling a request) the option is always there. Not everybody has the same
constraints and for those who don't the only thing that a large corporation
understands is when you vote with your $$$.

[Jed Horovitz]
-----Original Message-----
From: videolib-bounces@library.berkeley.edu
[mailto:videolib-bounces@library.berkeley.edu]On Behalf Of Gary Handman
Sent: Friday, September 17, 2004 11:31 AM
To: videolib@library.berkeley.edu
Subject: RE: [Videolib] Question on Site license agreement - ABC News

Jed! this is simply not helpful. Buying something from "another more
reasonable company" is in most cases not an option. Effective collection
building in libraries entails acquiring specific materials to meet both
specific and general user needs. Those specific materials are very often
distributed by specific vendors (i.e. vendors that have the exclusive rights
to distribute the particular work). It's all good and well to rage against
IP indignities, but for working librarians, getting on with business means
dealing within the current requirements of copyright and licensing. I'm all
for an idealistic going to the battlements in favor of broad IP rights for
libraries; I'm in favor of pushing copyright envelopes, as well. On the
other hand, if I need an ABC title, I'm damn well gonna do what it takes to
score it for my clients.


At 09:21 AM 9/17/2004 -0400, you wrote:

ABC is part of Disney empire. They are historically at the front of
expanding IP rights at the expense of society, consumers, future creators,
current competitors, you name it. Others follow by necessity. Please
resist and buy something from another more reasonable company. Jed
-----Original Message-----

From: videolib-bounces@library.berkeley.edu
[mailto:videolib-bounces@library.berkeley.edu]On Behalf Of Brigid Duffy
Sent: Thursday, September 16, 2004 5:32 PM
To: videolib@library.berkeley.edu
Subject: Re: [Videolib] Question on Site license agreement - ABC News

I have run into this before with ABC News. Returned a tape to them once,
because of this.

Many ABC News shows are also sold by Films for the Humanities & Sciences
(http://www.films.com <http://www.films.com/> ) which does NOT make
purchasers sign this agreement.

Incidentally, we have had a purchase order hanging with ABC for many
months because they will not ship until the order is complete. I've limited
myself to calling once a month on this order; the last two times the person
at ABC said they would get back to me the same day on when I could expect
fulfillment. My next call is scheduled for October 5 ...

Brigid Duffy
Audio Visual/ITV Center
San Francisco State University
San Francisco CA 94132-4200
E-mail: bduffy@sfsu.edu

On Thursday, September 16, 2004, at 11:38 AM, Karen Harrison wrote:

<?fontfamily><?param Arial><?smaller>Been lurking awhile on this list
and enjoying the variety of posts. Just cataloging a new video today
published by ABC News which included a full page Site license agreement
indicating that the agreement expires on08/30/2006! And on or before that
date we should send $25 to renew the agreement. Never seen a video license
agreement like this before. Is this common? If so, do other libraries with
videos keep track of these expirations and cough up the money to renew them?
The other parts of the agreement look pretty standard, i.e.- can’t copy the
video, or charge for viewing the video, etc..<?/smaller><?/fontfamily>

<?fontfamily><?param Times New Roman><?smaller>Karen Harrison
<?/smaller><?/fontfamily><?smaller>Catalog Librarian
Vi Tasler Library,Bellevue,WA<?/smaller>

<?fontfamily><?param Times New Roman><?color><?param
am 0000,0000,FFFF><?smaller>University
Change your life for good®

<?/smaller><?/color><?fontfamily><?param Times New Roman> <?/fontfamily>

Gary Handman
Media Resources Center
Moffitt Library
UC Berkeley

<http://www.lib.berkeley.edu/MRC> ****

"Movies are poems, a holy bible, the great mother of us."
--Ted Berrigan

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