[Videolib] Re: lending video and film

Tobin Nellhaus (tobin.nellhaus@yale.edu)
Thu, 07 Apr 2005 15:08:21 -0400

>Date: Thu, 7 Apr 2005 11:48:43 -0400
>From: "Mark W. Kopp" <iu8film@iu08.org>
>OK then...my question is this...WHAT IF YOU "VIOLATE" THAT CONTRACT??
>On what legal footing do they (the vendor) stand, and what would you be
>charged with? Breach of contract? That's a civil term, right? They would
>need to start a civil suit and litigate?

Well, yeah, that's my guess, they could start a civil suit for breach of
contract. I dunno -- should I test that theory?

One thing I'm fuzzy on is, at what points do the rights granted by the
copyright law trump licenses, and vice versa? Also, the terms set by one
of our vendors stipulate that they are *leasing" the materials to us (for
their physical life) rather than selling them. Does that overrule
everything? Is that a legally defensible contract? Should I just flip
them the finger?

Tobin Nellhaus
Librarian for Drama, Film and Theater Studies
226 Sterling Memorial Library, Yale University
130 Wall Street, P.O. Box 208240
New Haven, CT 06520-8240
Tel: 203/432-8212 Fax: 203/432-8527

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