Re: [Videolib] home v institutional (again) via Amazon Merchant

From: Jessica Rosner <maddux2014@gmail.com>
Date: Mon Jun 22 2009 - 12:56:21 PDT

No they can't , you got it and it is yours. There is no legal distinction
between home and academic use providing you use it under standard copyright
rules( can only show it in a regular class and circulate it ( or put it on
reserve) for individual use. The only way companies can and do enforce the
higher price for academic use is by tightly limiting each sale and being
upfront that they will ONLY sell to institutions at the higher price. In
most cases these titles are not actually sold to individuals but some
companies would like to be able to make what are usually pretty rarefied
titles available to individuals who might be interested in them. High prices
for very specialized titles that almost exclusively service the educational
market are not rare and it is understandable that given the limited market
distributors charge a lot for them but if you are going to sell to
individuals as well it has to be tightly controlled and they have to
basically have people sign a contract acknowledging the rules.

I don't suppose you want to mention the title or distributor ?

On Mon, Jun 22, 2009 at 3:36 PM, jwoo <jwoo@cca.edu> wrote:

> Hello -- wondering if you all can advise on the legalities of this
> situation?
>
> We purchased and received a video from an Amazon Merchant for $29.95
> using our Amazon Corporate acccount. Nowhere on the product page or
> subsequent checkout screens did it indicate that it was for home/
> individual use only.
>
> However, now we've received a letter from the merchant/producer
> telling us we have to pay them $200 for the "Institutional and Mult-
> Use DVD agreement" with no specifics about the agreement included.
>
> Can a distributor impose licensing restrictions after a purchase
> transaction has been completed? If we keep the DVD without paying the
> additional fee, would we be breaking any law?
>
> Thanks for your thoughts on this.
> Janice || CCA Libraries || library.cca.edu
>
> 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.
Received on Mon Jun 22 12:57:02 2009

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