Re: [Videolib] lending video and film

Meghann Matwichuk (
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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