Re: [Videolib] Buying at individual vs institutional price?

Merle J. Slyhoff (mslyhoff@law.upenn.edu)
Thu, 29 Mar 2007 15:39:25 -0400

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Here's a snippet from the Wellesley web site
http://www.wellesley.edu/Library/copyright.html

*"May I purchase or rent a film from the local video store and use it in
my class?*

Tapes from a video store are labeled "Home Use Only", indicating a
licensing agreement with the copyright holder. Nevertheless, use of such
tapes is considered "fair use" in a face-to-face teaching situation.
Tapes marked "Home Use Only" may also be placed on reserve and viewed in
the Video Lab if they are used strictly for instructional purposes and
_not_ entertainment."

(I knew I had read this statement in one of the copyright books, but did
a web search to see if I could find it online.)

Gary, would like your take on a follow-up to your response...

I agree about not paying for public performance rights if you don't need
them. So what do you do when the institutional price clearly states
that it includes public performance rights. Do you then buy the
non-institutional?

Merle

Gary Handman wrote:
> Here's my strategy: if I can find a source that sells it at home
> video prices and has no two-tier pricing indicated, I get it at home
> video price (unless, of course, I specifically need performance
> rights). If your distributor indicates an individual and an
> institutional price, I think it's the ethical thing to do to pony up
> for the higher price. This has been a real problem in the past: e.g.
> Arab Film Distribution used to sell home video thru Facets, but their
> own website indicated both institutional and home video prices. Since
> I like these guys and want to see them stay in business, I generally
> bought through their web site...but I could have just as easily gone
> the Facets route.
>
> Don't let anyone sell you performance rights you don't need. It
> really pisses me off when certain distributors justify their higher
> prices for institutions by waving the performance rights banner. Fact
> is, they're generally charging higher prices because they can get it
> from institutions.
>
> Gary Handman
>
>
>
> At 11:36 AM 3/29/2007, you wrote:
>> Would it be illegal and/or unethical for a library to try to buy a
>> DVD at
>> a lower individual price rather than a higher institutional price,
>> for example
>> by claiming that the DVD will be for individual use only or by
>> reimbursing
>> an individual staff member for a DVD purchased privately at an
>> individual
>> price, especially if the library does not want PPR?
>>
>>
>>
>> Thanks for any suggestions.
>>
>>
>>
>> Mike in Dubuque
>> 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.
>
> 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
>
>
> 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.

-- 
***************************************************************
Merle J. Slyhoff            	      E-mail:  mslyhoff@law.upenn.edu
Collection Development/	              Voice:   215-898-9013
Document Delivery Services            Fax:      215-898-6619
Librarian
University of Pennsylvania 
Biddle Law Library
3460 Chestnut Street
Philadelphia, PA 19104-3406

--------------070204080409010506090803 Content-Type: text/html; charset=ISO-8859-1 Content-Transfer-Encoding: 7bit

<!DOCTYPE html PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"> Here's a snippet from the Wellesley web site http://www.wellesley.edu/Library/copyright.html

"May I purchase or rent a film from the local video store and use it in my class?

Tapes from a video store are labeled "Home Use Only", indicating a licensing agreement with the copyright holder. Nevertheless, use of such tapes is considered "fair use" in a face-to-face teaching situation. Tapes marked "Home Use Only" may also be placed on reserve and viewed in the Video Lab if they are used strictly for instructional purposes and not entertainment."

(I knew I had read this statement in one of the copyright books, but did a web search to see if I could find it online.)

Gary, would like your take on a follow-up to your response...

I agree about not paying for public performance rights if you don't need them.  So what do you do when the institutional price clearly states that it includes public performance rights.  Do you then buy the non-institutional?

Merle




Gary Handman wrote:
Here's my strategy:  if I can find a source that sells it at home video prices and has no two-tier pricing indicated, I get it at home video price (unless, of course, I specifically need performance rights).  If your distributor indicates an individual and an institutional price, I think it's the ethical thing to do to pony up for the higher price.  This has been a real problem in the past:  e.g. Arab Film Distribution used to sell home video thru Facets, but their own website indicated both institutional and home video prices.  Since I like these guys and want to see them stay in business, I generally bought through their web site...but I could have just as easily gone the Facets route.

Don't let anyone sell you performance rights you don't need.   It really pisses me off when certain distributors justify their higher prices for institutions by waving the performance rights banner.  Fact is, they're generally charging higher prices because they can get it from institutions.

Gary Handman



At 11:36 AM 3/29/2007, you wrote:
Would it be illegal and/or unethical for a library to try to buy a DVD at
a lower individual price rather than a higher institutional price, for example
by claiming that the DVD will be for individual use only or by reimbursing
an individual staff member for a DVD purchased privately at an individual
price, especially if the library does not want PPR?



Thanks for any suggestions.



Mike in Dubuque
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.

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


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.

-- 
***************************************************************
Merle J. Slyhoff            	      E-mail:  mslyhoff@law.upenn.edu
Collection Development/	              Voice:   215-898-9013
Document Delivery Services            Fax:      215-898-6619
Librarian
University of Pennsylvania 
Biddle Law Library
3460 Chestnut Street
Philadelphia, PA 19104-3406

--------------070204080409010506090803-- 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.