Re: [Videolib] Q about shrinkwrap licenses or PPR after purchase?

Mary Seligman (mseligman@portnet.k12.ny.us)
Tue, 23 May 2006 08:07:39 -0400

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I agree with you, Jessica. This would appear to be setting the rules after
the game has begun. I've never come across a situation like this. How common
is it?

Mary Seligman
Library Media Specialist
Paul D. Schreiber High School
Port Washington, NY

videolib@lists.berkeley.edu on Monday, May 22, 2006 at 4:41 PM -0500 wrote:
>I don't see how this is enforceable. It is certainly possible to limit a
>right by CONTRACT but short of either a signature or e mail etc confirming
>that the purchasing party is aware of the limitation it does not seem to be
>legal. The seller is asking the buyer to agree to limitation beyond what the
>law allows and it would seem that a specific record of agreement would be
>Necessary but I eagerly await stories as well
>
>Also did any notice of such limitation appear on sellers web sit,
>promotional material etc. That of course could make a difference
>
>
>On 5/22/06 3:42 PM, "M. Claire Stewart" <claire-stewart@northwestern.edu>
>wrote:
>
>> Hi folks, two quick questions:
>>
>> Has anyone received notification AFTER a video title purchase was
>> completed that the purchase did not include certain rights, such as
>> right to perform in the classroom, etc.?
>>
>> Has anyone encountered a shrinkwrap license on a tape or disc? In
>> this instance, a shrinkwrap license would be something that
>> accompanies the physical media and sets forth usage or other terms;
>> it need not actually be under shrinkwrap, but would be something
>> perhaps inside the media box or part of the labeling.
>>
>> Thanks in advance for any stories, replies,
>>
>> Claire
>
>
>
>Proud Resident of a BLUE STATE
>
>Jessica Rosner
>Kino International
>333 W 39th St. 503
>NY NY 10018
>jrosner@kino.com
>212-629-6880
>
>
>VIDEOLIB is intended to encourage the broad and lively discussion of issues
>relating to the selection, evaluation, acquisition,bibliographic control,
>preservation, and use of current and evolving video formats in libraries and
>related institutions. It is hoped that the list will serve as an effective
>working tool for video librarians, as well as a channel of communication
>between libraries,educational institutions, and video producers and
>distributors.

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I agr= ee with you, Jessica.  This would appear to be setting the rules after= the game has begun.  I've never come across a situation like this. &n= bsp;How common is it?

Mary Seligman
Library Media Specialist
Paul D. Schreiber High School
Port Washington, NY

videolib= =40lists.berkeley.edu on Monday, May 22, 2006 at 4:41 PM -0500 wrote:<= br/> I don't see how this is enforceable.= It is certainly possible to limit a
right by CONTRACT but short of either a signature or e mail etc confirming<= br/> that the purchasing party is aware of the limitation it does not seem to be=
legal. The seller is asking the buyer to agree to limitation beyond what th= e
law allows and it would seem that a specific record of agreement would be Necessary but I eagerly await stories as well

Also did any notice of such limitation appear on sellers web sit,
promotional material etc. That of course could make a difference


On 5/22/06 3:42 PM, "M. Claire Stewart" <claire-stewart=40nort= hwestern.edu>
wrote:

> Hi folks, two quick questions:
>
> Has anyone received notification AFTER a video title purchase was
> completed that the purchase did not include certain rights, such as > right to perform in the classroom, etc.?
>
> Has anyone encountered a shrinkwrap license on a tape or disc? In
> this instance, a shrinkwrap license would be something that
> accompanies the physical media and sets forth usage or other terms; > it need not actually be under shrinkwrap, but would be something
> perhaps inside the media box or part of the labeling.
>
> Thanks in advance for any stories, replies,
>
> Claire



Proud Resident of a BLUE STATE
 
Jessica Rosner
Kino International
333 W 39th St. 503
NY NY 10018
jrosner=40kino.com
212-629-6880


VIDEOLIB is intended to encourage the broad and lively discussion of issues= relating to the selection, evaluation, acquisition,bibliographic control, = preservation, and use of current and evolving video formats in libraries an= d related institutions. It is hoped that the list will serve as an effectiv= e working tool for video librarians, as well as a channel of communication = between libraries,educational institutions, and video producers and distrib= utors.

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VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors.