Re: [Videolib] lending video and film

Meghann Matwichuk (mtwchk@udel.edu)
Thu, 07 Apr 2005 09:41:48 -0400

Gary Handman wrote:

>
>> "infringement because he had sold this copy to this particular
>> organization for their use and their use alone."
>
>
> Did the buyer sign a contract detailing this explicitly as a condition
> of commercial sale?
>
> If not: the Doctrine of First Sale allows the buyer to do any damn
> thing he or she wants with the film (except making illegal copies):
> resale, rental, loan, gift...what have you.
>
> (sue? No one sues without issuing a cease and desist letter...)

Again, details are very hazy, but I believe there was some kind of
licensing agreement situation. In checking the person's web site, it
seems that there are many different kinds of licenses (including one for
inter-library loan) offered by this company. I'm imagining that the
video in question was purchased without the acquisitions or media
department being aware of what was available / required in terms of
licensing. If more and more companies offer such varying license
packages, I could see how this issue would crop up on occasion. There
may have been a cease & desist letter, which I'm supposing that the
library in question contested due to Doctrine of First Sale. Sounded
like there was confusion and adamant folks on both sides....

******************************
Meghann R. Matwichuk
Instructional Media Department
Morris Library
University of Delaware
181 S. College Ave.
Newark, DE 19717
(302) 831-1475

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