Re: Fair Use - Right of First Sale

Gary Handman (ghandman@library.berkeley.edu)
Mon, 5 May 1997 09:58:57 -0700 (PDT)

Thanks for the clarification, Stan. The false and pernicious practice of
some (and only some) distributors of trying to buffalo institutional
buyers into believing that performance rights are required for ANY use in
a library or in a classroom is one which infuriates me. If a distributor
wants to charge differential prices for various types of libraries or uses,
I guess that's their right--they can set whatever conditions they want
for a commercial transaction. What they SHOULDN'T be doing is invoking
copyright law in cases where fair use or first sale are clearly our rights.
Saying that a video must be purchased with performace rights if it's
being bought by a school for classroom use is misleading and dishonest...

Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley, CA 94720-6000
510-643-8566
ghandman@library.berkeley.edu