Re: Fair Use - Right of First Sale

stann (
Mon, 05 May 1997 12:42:33 -0400


You are 100% correect, although I do feel the need to elaborate
since you refer directly to my previous posting. Additionally,
I hope with the help of videolib we can un-muddy the waters.

I became embroiled in this issue due a posting on March 24 on
your listserv from Sarah Hainsworth in which she said . .

>In the most recent issue of "Video Librarian" there is a short blurb
>about Schools and the Public Performance Myth

In that same article two distributors were quoted as having made the
following statement "public libraries are required to purchase
public performance rights versions of their videos". Now that may
be true IF those distributors also required them to sign contracts
to that effect. However, if the same distributor sells their video
for a lessor amount to retailers, then the library, without having
signed said contract, can certainly buy the video from the retailer
at the lower price and put it in circulation.

As far as muddied waters are concerned, not my doing. I have exhibited
at qutie a few Library Conferences over the past eight years and can
tell you with considerable authority -- many Public & Academic
Librarians (and Teachers) are confused about their rights concerning
Fair Use, PPR and Reproduction. I cited the Right of First Sale
mainly to established and support my contention that PLs are not
required to purchase PPRs.

If I have confused anyone (librarian, producer, distributor or
whatever) I apologize.

Stan Nicotera
S.I. Video Sales Group
PO Box 968
Englewood, FL 34295