Re: We're not such a happy fam-i-ly

Video Librarian (vidlib@kendaco.telebyte.com)
Mon, 9 Oct 1995 12:27:42 -0700 (PDT)

Rebecca & Jim,

Unless the Barney tape in question is part of some very strange promotion
with weird laws, I'm not so sure that the Barney folk *can* legally
prevent a library from circulating copies. Part of the whole idea behind
the First Sale Doctrine was that after purchasing a legal copy of a
videocassette the purchaser was free to do pretty much whatever he or she
wanted in the areas of circulation, rental, or outright resale. Public
performance rights is another issue, and the Barney folk could certainly
stipulate that the tape has "home video rights only," meaning the program
can't be shown in the library, but I don't have a clue what law allows
them to tell a library that something they have purchased cannot be
circulated.

Randy Pitman

Editor
Video Librarian

On Mon, 9 Oct 1995 VISSREF@tlc.lib.oh.us wrote:

> Jim, I called the 800 Barneyline about this title when our library received
> way more copies than we needed. The response was *no*, this cannot be
> circulated or shown anywhere but the library. Hope this helps, and that
> all of you recall your circulating copies!
>
> Rebecca Locke-Gagnon
> Toledo-Lucas Co. P.L.
> vissref@tpl.lib.oh.us
>