RE: [Videolib] classroom/ educational use charges

James Scholtz (
Thu, 30 Mar 2006 11:13:07 -0500

This is an interesting thread of thought - although I maybe don't know the
entirety of it but that never stopped me from commenting before...

The Doctrine of First Sale gives an individual the right the use a legal
copy in any [legal] way that the see fit (this may mean duplicating and
giving to a friend (quaisi-illegal), loaning it to a friend to watch, having
a family showing at home. A legal copy is one that is purchased or rented
from a legal source (store, rental store, on-line shopping). Matter of
fact, the person can even start up his/her own rental business with that
video. Having said that, I'm not sure that Netflix is a true "rental"
business or a quasi-lease business. If a per title, lease business, then
they have the authority to regulate use. I've not used Netflix, so I'm not
versed in their business - does one sign a contract? I've just seen the TV
ads - so if I keep a title for as long as I want and that 'want' is 1 year+,
do they charge me for the total price? Can I get other titles even if I
haven't returned the previous one or do I have to return it? Does the
contract say "only home-use?" Gee, I may have to write another book...
Sounds like Ph.D. material. In terms of buying multiple 'subscriptions' - I
would think that would be possible - my mom used to have multiple "Book of
the month subscriptions in her library" so that people participating in bood
discussion groups could purchase cheaper copies of books." I would think
that Netflix is only interested in the money end and multiple subscriptions
would mean more money. You may have to use multiple staff names under one
institution name to conicide with their record-keeping system. (Upon
reading this Mike Tribby will say "Oh, my God, Scholtz - NOT ANOTHER
book!!!"). happy viewing...Jim Scholtz

-----Original Message-----
[]On Behalf Of Jessica
Sent: Wednesday, March 29, 2006 6:09 PM
Subject: Re: [Videolib] classroom/ educational use charges

Interesting idea but what happens if you need more than even Netflix will
let you use ? Also they got "outed" for prioritizing customers based on use
so there is some potential to be screwed if you want particularly popular
films. Perhaps you can do more than one membership at a time.
Certainly a practical idea for something you might only use once a year
But drawbacks in terms of putting things on reserve and being 100% certain
they are going to be available

On 3/29/06 5:40 PM, "Ciara Healy" <> wrote:

> I know this one!
> Because I asked the same exact thing last month.
> You can use "home-use" in the classroom. What you don't get are the
> public performance rights with home use, and if you don't need them or
> anticipate needing those rights (like showing the film in public or
> charging admission among other circumstances) then home use is A-OK.
> Also, I am considering signing up for Netflix for the instructors to
> use in class at my campus. A few academic libraries I have found are
> doing it. Has anyone else done this? How is it going? Does it save you
> scads of money that one would normally use to purchase popular DVDs?
> Frugally yours,
> Ciara
>>>> 3/29/2006 3:53 pm >>>
> Greetings!
> On a number of the videos we are purchasing for the College library, I
> am noticing a new category of purchase- "Educational' or "classroom"
> use- usually with a much higher cost than "home use." Our
> understanding
> is that under Fair Use, face-to-face classroom use is covered under
> "home use." Are we wrong? I would very much appreciate any light
> anyone could shed.
> Thanks!
> Loraine M. Wies
> Acquisitions/Periodicals Librarian
> Schaffer Library
> Union College
> Schenectady, NY 12308
> tel # 518-388-6689
> Ciara Healy
> Media Services Librarian
> Bruce I. Howell Library
> Wake Technical Community College
> 9101 Fayetteville Road
> Raleigh, NC 27603
> (919) 773-4724
> _______________________________________________
> Videolib mailing list

Proud Resident of a BLUE STATE

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

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