Re: [Videolib] Restricted PPR

Judy Shoaf (jshoaf@clas.ufl.edu)
Wed, 12 Nov 2008 11:24:47 -0500

OK, I guess I see the point. The company is not saying "you have to pay
me for rights which you would have anyway" but rather "I will not sell
you this unless you agree not to exercise your rights."

Good examples--Thanks, Jessica--Gary, ignore previous post.

Judy

Jessica Rosner wrote:
> Um CONTRACT ALWAYS triumphs law UNLESS it is asking for something illegal
> which in this case it would not be.
>
> Now as I said this has to be made explicit in the sale but it is perfectly
> legal to add additional restrictions.
>
> I will give you an extreme example , suppose I am member of Netflix and
> decide to use my membership to set up a sideline business of using DVDs I
> get from Netflix to rent out MYSELF for profit. Now "right of first sale"
> lets you rent out a legal copy but my CONTRACT with Netflix does not ( or
> lets assume it doesn't as I am too tired to find out). I agreed when I
> signed up to the terms of use with Netflix and I am bound by them. A more
> common example is when some very high end executive at a company signs a "no
> compete" clause in his employment contract but when he leaves he tries to go
> to competitor. His company sues him for violating his contract. Now it is
> legal to work wherever you want BUT NOT IF YOU SIGNED A CONTRACT limiting
> that right.
>
> I could if I wanted make it a condition of sale for a DVD for which I was
> exclusive owner/distributor that you were only allowed to show to show it on
> Wed & Friday from 9-12. Now no one would likely buy it and it would be
> pretty insane to police but it would be legal and you would be bound by it
> IF that was a clear condition of sale ( Contract)
>
> I would emphasize that I am 99% sure Zeitgeist would not care if you had
> More than 50 people in a CLASS and might have taken some old boiler plate
> language but I do know that some companies for instance make it a condition
> of sale that you can NOT loan out an item you purchase to another
> institution which it would clearly be legal to do IF you had not agreed to
> limit this when you bought the item.
>
>
> On 11/12/08 10:47 AM, "Judy Shoaf" <jshoaf@clas.ufl.edu> wrote:
>
>> Well, the criteria are not so numerous in par. 1 of Title 17. 110.
>>
>> I don't see that there is a right which a copyright holder can purchase
>> or sell which allows them to restrict the use of a DVD in face-to-face
>> teaching (in this case, restrict it to classes of fewer than 50 students).
>>
>> If, as Jessica suggests, they are offering a contract to the library in
>> the form of PPR, it seems to me that they still cannot contract to
>> restrict a right which is provided by law. You can't sell what you don't
>> have.
>>
>> I assume the library is obliged to purchase the PPR along with the DVD,
>> whether or not they plan to show it publicly, as part of an
>> institutional pricing system in which any PPR that is thrown in is
>> basically an extra--hence the limitations.
>>
>> However, if this is a legally purchased copy surely the right to show it
>> in the classroom where it is relevant to the subject matter cannot be
>> controlled by contract.
>>
>> Judy, who ran a media library for teaching for 2 years and was made
>> cross by this kind of pricing structure.
>>
>> Brock, Shawn wrote:
>>> There are numerous other criteria besides just face-to-face instruction,
>>> so you may want to review Title 17 Section 110. Here's a handy link to
>>> it:
>>>
>>> http://www.law.cornell.edu/uscode/17/110.html
>>>
>>> -Shawn
>>>
>>>
>>>
>>> -----Original Message-----
>>> From: videolib-bounces@lists.berkeley.edu
>>> [mailto:videolib-bounces@lists.berkeley.edu] On Behalf Of Judy Shoaf
>>> Sent: Monday, November 10, 2008 10:44 PM
>>> To: videolib@lists.berkeley.edu
>>> Subject: Re: [Videolib] Restricted PPR
>>>
>>> PPR is not necessary if the video is being used in face-to-face
>>> teaching. Any legally obtained copy is OK for that.
>>>
>>> Can Zeitgeist declare that they have the right to charge PPR for this?
>>>
>>> Judy
>>>
>>> jwoo wrote:
>>>> Hi. This is going over old ground somewhat, but is there such a thing
>>>> as Public Performance Rights with an asterisk?
>>>>
>>>> I got a Zeitgeist brochure for a Louise Bourgeois DVD where the PPR*
>>>> is only for "screenings to groups of up to 50 people (libraries,
>>>> classrooms, churches, clubs, etc.) when no admission is charged."
>>>>
>>>> Would this be binding if an institution bought a copy? What if a
>>>> class has 51 students enrolled? Who's supposed to monitor the class
>>>> size a video is being checked out for?
>>>>
>>>> Does the TEACH Act trump such language?
>>>>
>>>> Thanks, Janice @ CCA.edu
>>>>
>>>> p.s. it says the dvd is available exclusively to institutions, and
>>>> there is no option for non-PPR purchase
>>>>
>>>> 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.
>>
>>
>
>
>
> Proud Resident of a BLUE STATE
>
> Jessica Rosner
> Kino International
> 333 W 39th St. 503
> NY NY 10018
> jrosner@kino.com
> 212-629-6880
>
>
>
> 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.