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

Gary Handman (ghandman@library.berkeley.edu)
Thu, 14 Sep 2006 09:03:31 -0700

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Seems this is a contractual (not a legal) situation: the company is
putting forward conditions for sale and use and the user, in buying,
agrees to the contact. The whole HOME VIDEO issue is just a weird
smokescreen...

I wouldn't do business with these guys, or if I did, I read em the
riot act before I did.

Gary Handman

At 08:36 AM 9/14/2006, you wrote:
>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 "trick" 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 " you agree to abide by our terms and
>conditions" 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 some way
>they can add these restrictions
>They could also say that you couldn't 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.
>
>I'd love to know what you all think of this. A well-respected (by
>me, too!) 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 price tiering with no kind of claim
>made about usage needs.
>
>However. Now there is a "home video" option at, not surprisingly, a
>lower price yet. Here's the warning one gets when one puts such an
>item in one's cart:
>
>HOME VIDEO - program comes with a warning against classroom use
>periodically during the program - more information
>The "more information" link provides this:
>
>Home video purchasers may use the videos in non-institutional
>contexts only. At two points during home video videocassettes script
>will appear over the image stating that this videocassette has been
>purchased for 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" 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 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 "contract" between seller & buyer?
>
>Am I wrong to feel justified in purchasing the "Home Video" option?
>
>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."--Neil 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

Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley
ghandman@library.berkeley.edu
http://www.lib.berkeley.edu/MRC

*****

"In societies where modern conditions of production prevail,
all of life presents itself as an immense accumulation of
spectacles."
--Guy Debord
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Seems this is a contractual (not a legal) situation:  the company is putting forward conditions for sale and use and the user, in buying, agrees to the contact.   The whole HOME VIDEO issue is just a weird smokescreen...

I wouldn't do business with these guys, or if I did, I read em the riot act before I did.

Gary Handman


At 08:36 AM 9/14/2006, you wrote:

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 =93trick=94 will be that I assume you will have to get someone e= lse 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 =93 you agree to abide by our terms and conditions=94= 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 =93sign=94 off in some way = they can add these restrictions
They could also say that you couldn=92t 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.

I'd love to know what you all think of this.  A well-respected (by me, too!) 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 price tiering with no kind of claim made about usage needs.

However.  Now there is a "home video" option at, not surprisingly, a lower price yet.  Here's the warning one gets when one puts such an item in one's cart:

HOME VIDEO - program comes w= ith a warning against classroom use periodically during the program - more information
The "more information" link provides this:

Home video purchasers may us= e the videos in non-institutional contexts only. At two points during home video videocassettes script will appear over the image stating that this videocassette has been purchased for 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" 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 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 "contract" between seller & buyer?

Am I wrong to feel justified in purchasing the "Home Video" option?

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."--Neil 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

Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley
ghandman@library.berkeley.edu
http://www.lib.berkeley.edu/MRC

*****

"In societies where modern conditions of production prevail,
           all of life presents itself as an immense accumulation of spectacles."
            &= nbsp;  --Guy Debord

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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.