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

Gary Handman (ghandman@library.berkeley.edu)
Thu, 29 Mar 2007 14:10:25 -0700

er...uh...ask our administrators? That's like asking an institutional lawyer if
a particularly nebulous use of moving image materials meets the conditions of
fair use. They'll say NO, a priori... Library administrators generally know
NOTHING...NOTH-ING, about what's legal and what's not in terms of video
acquisition or use. That's what they should be paying us, as professionals,
to do: make informed decisions and to do the best we can for library
collections and library users based on our best understanding of the law.

Unless performance rights are actually required, tiered pricing is a commercial
and contractual matter, not a legal (as in copyright) one. There really aren't
that many decisions or quandaries involved. If a title is available in both
home and institutional pricing from a single vendor, and if you're buying for a
library or similar institutional collection, you pay the institutional price.
If the title is available in the home video market and if performance rights
aren't an issue...well, no ethics involved: you buy the home video version.
What's unethical is, as I wrote previously, vendors foisting off higher prices
under false premise that performance rights are needed whenever a title is
purchased for institutional use.

Gary

Quoting "Brock, Shawn" <Shawn.Brock@aetn.com>:

> Now that's an odd question, because in a sense we sometimes do. We
> teach children to be polite, courteous, and to consider the feelings of
> others before speaking their mind. Which will sometimes involve saying
> things you don't really believe to make others feel better. Some of us
> also lead by example and lie on our taxes about income, to Blockbuster
> when that DVD is late, or to the police officer when we're caught
> violating minor traffic laws.
>
> Don't think about this as a question of ethics, because invariably
> people in the position of Jonathan and I will say it's unethical while
> dozens of media specialists will insist it's completely okay. So
> instead go by what is legal or illegal. In the end, that's your main
> obligation to your employer -- doing your job well in a way that doesn't
> create legal liability for them, not expanding the collection as cheaply
> as possible but can blow up in their face.
>
> So I would recommend asking your administrators -- they'll tell you what
> is legal or not, and also what they are willing to allow you to do. In
> then end, you're better protected as an individual.
>
> Of course, you could simply just purchase from companies who offer the
> same price on their DVDs to consumers and libraries alike. I know of at
> least one company who does that .....
>
>
> Regards,
>
> Shawn Brock
> Manager, Education Sales
> A&E Television/The History Channel
> HistoryEducation.com
>
>
>
> -----Original Message-----
> From: owner-videolib@lists.berkeley.edu
> [mailto:owner-videolib@lists.berkeley.edu] On Behalf Of Jonathan Miller
> Sent: Thursday, March 29, 2007 3:01 PM
> To: videolib@lists.berkeley.edu
> Subject: RE: [Videolib] Buying at individual vs institutional price?
>
>
> Do you teach your children to lie?
> JM
>
>
> Jonathan Miller, President
> First Run/Icarus Films, Inc.
> 32 Court Street, 21st Floor
> Brooklyn, NY 11201 USA
>
> tel 1.718.488.8900
> fax 1.718.488.8642
> www.frif.com
> jmiller@frif.com
>
>
> -----Original Message-----
> From: owner-videolib@lists.berkeley.edu
> [mailto:owner-videolib@lists.berkeley.edu] On Behalf Of
> MichaelMay.5652831@bloglines.com
> Sent: Thursday, March 29, 2007 2:37 PM
> To: videolib@lists.berkeley.edu
> Subject: [Videolib] Buying at individual vs institutional price?
>
> 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.
>
>
> 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.
>
> 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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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.