Re: [Videolib] Would like your thoughts on this one

Jessica Rosner (jrosner@kino.com)
Thu, 14 Sep 2006 11:36:31 -0400

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Any legal tape can be used for legitimate classroom instruction ( as
opposed to an open showing on campus)
Just curious is the company in question the sole provider of said items
Actually they must be given that they can put a disclaimer on the DVD so I
guess the manufactuar it themselves

The only =B3trick=B2 will be that I assume you will have to get someone else to
make the purchase as they would be
Likely to reject one coming from them.

There is however one BIG problem if they REQUIRE you to agree in order to
purchase the title. For instance if you are ordering on line and up pops
Something that says =B3 you agree to abide by our terms and conditions=B2 and i=
t
lists the restriction it would
In fact become a contract and a contract WOULD trump copyright law

Basically if the seller REQUIRES the buyer to =B3sign=B2 off in some way they
can add these restrictions
They could also say that you couldn=B9t show it on Sundays IF they put it in
the contract and you
Signed it , either on the internet or on an order form

You should do whatever you can to AVOID signing something but if it is
required you are kind of
screwed

On 9/14/06 10:18 AM, "Susan Albrecht" <albrechs@wabash.edu> wrote:

>> Hey, everyone.
>>=20
>> I'd love to know what you all think of this. A well-respected (by me, t=
oo!)
>> company from whom I've purchased many times in the past has always had a
>> distinction between college/corporate use and public library/high school=
use
>> in its pricing. This I know is their perogative, because it's simple pr=
ice
>> tiering with no kind of claim made about usage needs.
>>=20
>> However. Now there is a "home video" option at, not surprisingly, a low=
er
>> price yet. Here's the warning one gets when one puts such an item in on=
e's
>> cart:
>>=20
>> * HOME VIDEO - program comes with a warning against classroom use
>> periodically during the program - more information
>> The "more information" link provides this:
>>=20
>> Home video purchasers may use the videos in non-institutional contexts o=
nly.
>> At two points during home video videocassettes script will appear over t=
he
>> image stating that this videocassette has been purchased for home use on=
ly
>> and may not be used in class, circulated in an institutional library or =
be
>> exhibited to the general public.
>>=20
>>=20
>> Now, I just don't think this can be done. Once a "home use" option has =
been
>> offered up, it's fair game for libraries whose collections are used only=
for
>> 1) individual checkout or 2) classroom use. WE DON'T NEED PPR in our ca=
se,
>> because this will be used in only those two ways I've just mentioned, an=
d we
>> are COVERED by the face-to-face teaching exemption. Or is the insertion=
of
>> this script in the video supposed to act as a "contract" between seller =
&
>> buyer?
>>=20
>> Am I wrong to feel justified in purchasing the "Home Video" option?
>>=20
>> Susan at Wabash College
>=20
>=20
> Susan Albrecht
> Acquisitions Coordinator
> Wabash College Lilly Library
> Crawfordsville, IN
> x6216
> albrechs@wabash.edu
>=20
> *************************************************************************=
*****
> ***
> "If you choose not to decide, you still have made a choice."--Neil Peart
> *************************************************************************=
*****
> ***
>=20
>=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] Would like your thoughts on this one Any l= egal tape can be used  for legitimate classroom instruction ( as oppose= d to an open showing on campus)
Just curious is the company in question the sole provider of said items
Actually they must be given that they can put a disclaimer on the DVD so &n= bsp;I guess the manufactuar it themselves

The only “trick” will be that I assume you will have to get som= eone else to make the purchase as they would be
Likely to reject one coming from them.

There is however one BIG problem if they REQUIRE you to agree in order to p= urchase the title. For instance if you are ordering on line and up pops
Something that says “ you agree to abide by our terms and conditions&= #8221; and it lists the restriction it would
In fact become a contract and a contract WOULD trump copyright law

Basically if the seller REQUIRES the buyer to “sign” off in som= e way they can add these restrictions
They could also say that you couldn’t show  it on Sundays IF the= y put it in the contract and you
Signed it , either on the internet or on an order form

You should do whatever you can to AVOID signing something but if it is requ= ired you are kind of
screwed




On 9/14/06 10:18 AM, "Susan Albrecht" <albrechs@wabash.edu>= wrote:

HOME VIDEO - program comes with a war= ning against classroom use periodically during the program - more informatio= n
The "more information" link provides this:

Home video purchasers may use the videos in non-institution= al contexts only. At two points during home video videocassettes script will= appear over the image stating that this videocassette has been purchased fo= r home use only and may not be used in class, circulated in an institutional= library or be exhibited to the general public.

Now, = I just don't think this can be done.  Once a "home use" optio= n has been offered up, it's fair game for libraries whose collections are us= ed only for 1) individual checkout or 2) classroom use.  WE DON'T NEED = PPR in our case, because this will be used in only those two ways I've just = mentioned, and we are COVERED by the face-to-face teaching exemption.  = Or is the insertion of this script in the video supposed to act as a "c= ontract" between seller & buyer?

Am I wrong to feel justified in purchasing the "Home Video" optio= n?

Susan at Wabash College



Susan Albrecht
Acquisitions Coordinator
Wabash College Lilly Library
Crawfordsville, IN
x6216
albrechs@wabash.edu

***************************************************************************= ******
"If you choose not to decide, you still have made a choice."--Nei= l Peart
***************************************************************************= ******






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

--B_3241078591_408970066--

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.