Re: [Videolib] Foreign Film Question

jrosner@kino.com
Fri, 20 Jul 2007 18:20:22 -0400

This is kind of comical in the sense that it very possible this is a bootleg
copy anyway. The market on Hong Kong and Indian films in particular is murky to
say the least. It is rarely clear except when they sublicense to a US company
that they have ANY rights to distribute in the US anyway. Rights are generally
sold by territory and a company based in Hong Kong would rarely have the legal
right to sell the same film in the US but this tends to be an issue only if a US
company acquires rights to the same film.

In any even US copyright law permits libraries to circulate for home use which
is what you want to do. If the DVD itself is illegal that is not really your
responbility as there is no way for you to know.
The only way for a company to restrict the "right of first sale" which allows
you to loan it for home use is by signed or implied contract putting it on a
box cover is not sufficient.

Jessica

How bout them Cubs?

Quoting Victor Stover <vwstover@noctrl.edu>:

> Hello All,
>
> Our library purchased a copy of Twenty-Four Eyes, a film distributed by
> Panorama Distributions in Hong Kong. The DVD case has the following
> language:
> "The copyright proprietor has licensed the film (including its sound track)
> comprised in this videodisc for private home use only. All other rights are
> reserved. The definition of home use excludes the use of this videodisc at
> locations such as Clubs, Coaches, Hospitals, Hotels, Oilrigs, Prisons and
> Schools. Any unauthorized copying, editing, exhibition, renting, exchanging,
> hiring, lending, public performance diffusion and/or broadcast of this
> videodisc or any part thereof is strictly prohibited, is an infringement of
> copyright and any result in legal liability. This videodisc is sold / hired
> on the condition that it is not be sold, hired, exported, re-supplied or
> distributed by way of trade without a proper license from the copyright
> proprietor."
> Should I be worried about this? Would this prevent us from adding it to our
> circulating collection? Has anyone else ran into this?
>
> Thanks,
>
> Victor Stover
> Acquisitions Assistant
> Oesterle Library
> North Central College
> Naperville, IL
> 630-637-5702 (voice)
> 630-637-5716 (fax)

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