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

Mark Richie (n2books@frontiernet.net)
Fri, 15 Sep 2006 11:56:20 -0500

You can't create a unilateral contract simply by placing a bug at the
bottom of the screen regarding home use only. Contracts have to have a
mutual agreement by both parties. So there has to be something in
writing or as part of the conditions of sale on the invoice or the
purchase order.

Although home use and face-to-face exemptions are in US Code,
producers/distributors are free to create MORE RESTRICTIVE (or Less
Restrictive) conditions of sale as part of a License Agreement. Lacking
a License Agreement signed by both parties home use / face-to-face
prevails. Putting a notice twice on the video does not void that - it is
just a way of jerking our collective chains and ruining the video content.

Our POs used to have a statement on the bottom the Terms of Sale section
indicating that the video purchased will be used for individual viewing
or for face to face instruction under the provision of Section 110(1) US
Code. That, we were told by counsel, was enough to create a contract of
use with the seller once they filled the order.

Regards, Mark Richie
XMedia2

>> 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
> *********************************************************************************
>
>
>

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.