Re: [Videolib] TEACH Act

Jessica Rosner (jrosner@kino.com)
Tue, 26 Apr 2005 10:39:55 -0400

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> Well it is possible to supersede the law via contract written or oral . S=
o if
> the company clearly states
> that these are the ONLY terms under which they will sell a particular vid=
eo
> they can theoretically due so
> particularly as in this case it comes with a license agreement. This can =
only
> really apply to specialty films
> sold exclusively and directly from a single source. It is the same type o=
f
> agreement that would limit
> a titles distribution to campus etc. Best thing is to take these license
> conditions into account when deciding if
> it is worth purchasing.
>=20
> Jessica
>=20
>=20
> That sounds like an auto maker stating where their car may be driven or f=
or
> what it may be driven for...work vs shopping. If it's legal, according to=
the
> Law, how do they claim to allow or disallow otherwise? If it's legal to d=
rive
> the car up a certain road, to go to work, how can the auto maker claim it
> illegal?...or I guess the better question would be...how would it be enfo=
rced?
> =20
> Mark
> ************************************************
> =20
> -----Original Message-----
> From: videolib-bounces@library.berkeley.edu
> [mailto:videolib-bounces@library.berkeley.edu] On Behalf Of Andrews, Sara=
h E
> Sent: Monday, April 25, 2005 5:17 PM
> To: videolib@library.berkeley.edu
> Subject: [Videolib] TEACH Act
>=20
> I have seen new license agreements that specifically mention that films m=
ay
> not be digitized for any reason without express permission from the
> publisher/distributor=8Bpossibly this is to avoid different interpretations=
of
> the TEACH Act? =20
> =20
> Sarah Andrews
> Acquisitions Department
> University of Iowa Libraries
>=20

Proud Resident of a BLUE STATE
=20
Jessica Rosner
Kino International
333 W 39th St. 503
NY NY 10018
jrosner@kino.com
212-629-6880

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Re: [Videolib] TEACH Act

Well it is possible to supersede the law via contract = written or oral . So if the company clearly states
that these are the ONLY terms under which they will sell a particular video= they can theoretically due so
particularly as in this case it comes with a license agreement. This can on= ly really apply to specialty films
sold exclusively and directly from a single source. It is the same type of = agreement that would limit
a titles distribution to campus etc. Best thing is to take these license co= nditions into account when deciding if
it is worth purchasing.

Jessica


That sounds like an auto maker stating where their car may be driven or for= what it may be driven for...work vs shopping. If it's legal, according to t= he Law, how do they claim to allow or disallow otherwise? If it's legal to d= rive the car up a certain road, to go to work, how can the auto maker claim = it illegal?...or I guess the better question would be...how would it be enfo= rced?

Mark
************************************************

-----Original Message-----
From: videolib-bounces@library.berkeley.edu [mailto:videolib-bounces@library.berkeley.ed= u] On Behalf Of Andrews, Sarah E
Sent: Monday, April 25, 2005 5:17 PM
To: videolib@library.berkeley.edu
Subject: [Videolib] TEACH Act

I have seen new license agreements that specifically= mention that films may not be digitized for any reason without express perm= ission from the publisher/distributor—possibly this is to avoid differ= ent interpretations of the TEACH Act?  
 
Sarah Andrews
Acquisitions Department
University of Iowa Libraries





Proud Resident of a BLUE STATE
 
Jessica Rosner
Kino International
333 W 39th St. 503
NY NY 10018
jrosner@kino.com
212-629-6880

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