[Videolib] Distributors for Fantastic Planet and Grave of the Fireflies

2011-05-05 Thread Joan Miller
Hello,

Does anyone have an idea of who distributes Fantastic Planet (Laloux, 
1973) and Grave of the Fireflies (Takahata, 1988)?
Thanks for any help.
Joan Miller

Joan Miller
Head Archivist
Wesleyan Cinema Archives
301 Washington Terrace
Middletown, CT  06457
Phone: (860) 685-3395
FAX: (860) 685-3905 


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.


Re: [Videolib] Distributors for Fantastic Planet and Grave of theFireflies

2011-05-05 Thread Markus, Tim
Our copy of Fireflies shows A.D.V. Films as the US Distributor.

Hope this helps a little.

Tim Markus
Head of Cataloging
The Evergreen State College
Olympia, WA 98505
mark...@evergreen.edu

-Original Message-
From: videolib-boun...@lists.berkeley.edu
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Joan Miller
Sent: Thursday, May 05, 2011 8:13 AM
To: videolib@lists.berkeley.edu
Subject: [Videolib] Distributors for Fantastic Planet and Grave of
theFireflies

Hello,

Does anyone have an idea of who distributes Fantastic Planet (Laloux, 
1973) and Grave of the Fireflies (Takahata, 1988)?
Thanks for any help.
Joan Miller

Joan Miller
Head Archivist
Wesleyan Cinema Archives
301 Washington Terrace
Middletown, CT  06457
Phone: (860) 685-3395
FAX: (860) 685-3905 


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.


Re: [Videolib] Distributors for Fantastic Planet and Grave of the Fireflies

2011-05-05 Thread Milewski, Steven
Fantastic Planet might be at Facets

Steven Milewski
Digital Media Technologies Librarian
Hodges Library
Integrated User Services
865 - 974 - 2647
smile...@utk.edu
-Original Message-
From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Joan Miller
Sent: Thursday, May 05, 2011 11:13 AM
To: videolib@lists.berkeley.edu
Subject: [Videolib] Distributors for Fantastic Planet and Grave of the Fireflies

Hello,

Does anyone have an idea of who distributes Fantastic Planet (Laloux, 
1973) and Grave of the Fireflies (Takahata, 1988)?
Thanks for any help.
Joan Miller

Joan Miller
Head Archivist
Wesleyan Cinema Archives
301 Washington Terrace
Middletown, CT  06457
Phone: (860) 685-3395
FAX: (860) 685-3905 


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] Challenge to using a home video instead of institutionally licensed video

2011-05-05 Thread Deg Farrelly
Sharing with the Videolib list an email from a video distributor, and my 
internal response to the Collection Development office for use in replying to 
the original message.  (Snipped to remove some elements that are 
institutionally specific)


snip

That said, the author of this email is incorrect in his assertion.

I assume, as we often do, this title was purchased through Amazon.com, where it 
is currently listed as being in stock and sold for $13.50

If so, our copy is a legally acquired copy, and governed by the rule of first 
sale, which allows a library to loan or otherwise use a copy.

Additionally, US Copyright law specifically exempts us from needing public 
performance rights to use a legally acquired video in classes.

See:  http://www.copyright.gov/title17/92chap1.html#110

When a video is sold through other markets, the distributor cannot place a 
requirement on us to acquire PPR, or pay the higher price.  Were the 
distributor the sole distributor, they could refuse to sell us the home video 
copy and insist that we pay $250.  But as we (I assume) purchased through 
Amazon, they cannot make that claim.

-deg

--
deg farrelly, Full Librarian
Mail Code 1006
Arizona State University
P.O. Box 871006
Tempe, AZ 85287
Phone:  480.965.1403
Email:  deg.farre...@asu.edu


 -Original Message-

 Sent: Thursday, May 05, 2011 11:16 AM


 I am writing on behalf of Roy Germano Films LLC, the copyright holder of a
 film you carry in your library called THE OTHER SIDE OF IMMIGRATION.
 According to our records, the DVD copy of THE OTHER SIDE OF IMMIGRATION that
 you have on your shelves is licensed for home use only (retail price: $20).
 To carry this film in your library, you must purchase a DVD that has been
 licensed for use in college/university libraries (retail price: $250).

 DVDs licensed for college/university use are sold exclusively on our website
 --
 http://www.TheOtherSideOfImmigration.com

 On our website, you will notice a link on the upper-righthand side of the
 website to purchase DVDs Licensed for Colleges/Universities. Please click
 that link to enter our secure online store and make your purchase.

 We hope you will attend to this matter as soon as possible. Please feel free
 to contact me at this address if you should have any questions, believe our
 records are incorrect, or would like to arrange to make your purchase with
 our distributor by phone or email.

 Sincerely,
 Roy Germano, Ph.D.
 Founder/CEO, Roy Germano Films LLC


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] Other side of immigration FW: Licensing issue - First Notice

2011-05-05 Thread Bergman, Barbara J
Anybody else receive this?
Apparently someone hasn’t read section 110 of the copyright code.

I checked our records – we purchased through Midwest Tape, so wasn’t exactly a 
shady deal…


Barb Bergman | Media Services  Interlibrary Loan Librarian | Minnesota State 
University, Mankato | (507) 389-5945 | barbara.berg...@mnsu.edu

From: Roy Germano Films LLC [mailto:r...@roygermano.com]
Sent: Thursday, May 05, 2011 1:10 PM
To: Bergman, Barbara J
Subject: Licensing issue - First Notice

Dear Librarian,

I am writing on behalf of Roy Germano Films LLC, the copyright holder of a film 
you carry in your library called THE OTHER SIDE OF IMMIGRATION. According to 
our records, the DVD copy of THE OTHER SIDE OF IMMIGRATION that you have on 
your shelves is licensed for home use only (retail price: $20). To carry this 
film in your library, you must purchase a DVD that has been licensed for use in 
college/university libraries (retail price: $250).

DVDs licensed for college/university use are sold exclusively on our website --
http://www.TheOtherSideOfImmigration.comhttp://t.ymlp175.net/umwapahwwatawueavajwuj/click.php

On our website, you will notice a link on the upper-righthand side of the 
website to purchase DVDs Licensed for 
Colleges/Universitieshttp://t.ymlp175.net/umqakahwwakawuealajwuj/click.php. 
Please click that link to enter our secure online store and make your purchase.

We hope you will attend to this matter as soon as possible. Please feel free to 
contact me at this address if you have any questions, believe our records are 
incorrect, or would like to arrange to make your purchase with our distributor 
by phone or email.

Sincerely,
Roy Germano, Ph.D.
Founder/CEO, Roy Germano Films LLC






Follow the film on 
TWITTERhttp://t.ymlp175.net/umyatahwwavawueacajwuj/click.php  
FACEBOOKhttp://t.ymlp175.net/ujsaoahwwadawueakajwuj/click.php
check out 
www.TheOtherSIdeOfImmigration.comhttp://t.ymlp175.net/umwapahwwatawueavajwuj/click.php





Unsubscribe / Change Profilehttp://ymlp175.net/u.php?id=gewumjbgsgjwujgqs
Powered by YMLPhttp://ymlp175.net/m/

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.


Re: [Videolib] Challenge to using a home video instead of institutionally licensed video

2011-05-05 Thread ghandman
Hey deg

Here's what I wrote back to this guy (with a copy to UC legal
counsel)...I'm pissed off!

Dear Film Distributor

The title in question was bought from a valid home video distribution
source and is perfectly legal under both contract and copyright law.
Since we do not require public performance rights in our institution, we
make it a point to buy home video versions of video whenever they are
available.

If, in fact, you wish to charge differentially higher prices for
institutional use than for home video use, you simply cannot, at the same
time, offer home video versions of your works. Since there are no contract
or licensing stipulations for home video sale via vendors such as amazon
(other than the usual restrictions against copying and other practices
restricted by Title 117/US copyright Law), we feel the purchase we made
were legal and in good faith.

I think that if you do some investigation, you will find that the above
contentions are supported by almost universal practice among independent
film and video distributors.

Please do not hesitate to contact me if you have questions.



 Sharing with the Videolib list an email from a video distributor, and my
 internal response to the Collection Development office for use in replying
 to the original message.  (Snipped to remove some elements that are
 institutionally specific)


 snip

 That said, the author of this email is incorrect in his assertion.

 I assume, as we often do, this title was purchased through Amazon.com,
 where it is currently listed as being in stock and sold for $13.50

 If so, our copy is a legally acquired copy, and governed by the rule of
 first sale, which allows a library to loan or otherwise use a copy.

 Additionally, US Copyright law specifically exempts us from needing public
 performance rights to use a legally acquired video in classes.

 See:  http://www.copyright.gov/title17/92chap1.html#110

 When a video is sold through other markets, the distributor cannot place a
 requirement on us to acquire PPR, or pay the higher price.  Were the
 distributor the sole distributor, they could refuse to sell us the home
 video copy and insist that we pay $250.  But as we (I assume) purchased
 through Amazon, they cannot make that claim.

 -deg

 --
 deg farrelly, Full Librarian
 Mail Code 1006
 Arizona State University
 P.O. Box 871006
 Tempe, AZ 85287
 Phone:  480.965.1403
 Email:  deg.farre...@asu.edu


 -Original Message-

 Sent: Thursday, May 05, 2011 11:16 AM


 I am writing on behalf of Roy Germano Films LLC, the copyright holder of
 a
 film you carry in your library called THE OTHER SIDE OF IMMIGRATION.
 According to our records, the DVD copy of THE OTHER SIDE OF IMMIGRATION
 that
 you have on your shelves is licensed for home use only (retail price:
 $20).
 To carry this film in your library, you must purchase a DVD that has
 been
 licensed for use in college/university libraries (retail price: $250).

 DVDs licensed for college/university use are sold exclusively on our
 website
 --
 http://www.TheOtherSideOfImmigration.com

 On our website, you will notice a link on the upper-righthand side of
 the
 website to purchase DVDs Licensed for Colleges/Universities. Please
 click
 that link to enter our secure online store and make your purchase.

 We hope you will attend to this matter as soon as possible. Please feel
 free
 to contact me at this address if you should have any questions, believe
 our
 records are incorrect, or would like to arrange to make your purchase
 with
 our distributor by phone or email.

 Sincerely,
 Roy Germano, Ph.D.
 Founder/CEO, Roy Germano Films LLC


 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.



Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley

510-643-8566
ghand...@library.berkeley.edu
http://www.lib.berkeley.edu/MRC

I have always preferred the reflection of life to life itself.
--Francois Truffaut


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.


Re: [Videolib] Challenge to using a home video instead of institutionally licensed video

2011-05-05 Thread Jessica Rosner
You can't have your cake and eat it too. If you decide to sell a film retail
on Amazon you can't insist on an institution paying a higher price for
standard face to face use.
You can do that if you are exclusive seller of the film and make it clear at
the point of purchase like the standard ( I have read and agree to these
conditions) you get so many places. That is contract law trumping copyright
but again if you sell through other vendors it is virtually impossible to do
that.

On Thu, May 5, 2011 at 2:43 PM, Deg Farrelly deg.farre...@asu.edu wrote:

 Sharing with the Videolib list an email from a video distributor, and my
 internal response to the Collection Development office for use in replying
 to the original message.  (Snipped to remove some elements that are
 institutionally specific)


 snip

 That said, the author of this email is incorrect in his assertion.

 I assume, as we often do, this title was purchased through Amazon.com,
 where it is currently listed as being in stock and sold for $13.50

 If so, our copy is a legally acquired copy, and governed by the rule of
 first sale, which allows a library to loan or otherwise use a copy.

 Additionally, US Copyright law specifically exempts us from needing public
 performance rights to use a legally acquired video in classes.

 See:  http://www.copyright.gov/title17/92chap1.html#110

 When a video is sold through other markets, the distributor cannot place a
 requirement on us to acquire PPR, or pay the higher price.  Were the
 distributor the sole distributor, they could refuse to sell us the home
 video copy and insist that we pay $250.  But as we (I assume) purchased
 through Amazon, they cannot make that claim.

 -deg

 --
 deg farrelly, Full Librarian
 Mail Code 1006
 Arizona State University
 P.O. Box 871006
 Tempe, AZ 85287
 Phone:  480.965.1403
 Email:  deg.farre...@asu.edu


  -Original Message-

  Sent: Thursday, May 05, 2011 11:16 AM

 
  I am writing on behalf of Roy Germano Films LLC, the copyright holder of
 a
  film you carry in your library called THE OTHER SIDE OF IMMIGRATION.
  According to our records, the DVD copy of THE OTHER SIDE OF IMMIGRATION
 that
  you have on your shelves is licensed for home use only (retail price:
 $20).
  To carry this film in your library, you must purchase a DVD that has been
  licensed for use in college/university libraries (retail price: $250).
 
  DVDs licensed for college/university use are sold exclusively on our
 website
  --
  http://www.TheOtherSideOfImmigration.com
 
  On our website, you will notice a link on the upper-righthand side of the
  website to purchase DVDs Licensed for Colleges/Universities. Please
 click
  that link to enter our secure online store and make your purchase.
 
  We hope you will attend to this matter as soon as possible. Please feel
 free
  to contact me at this address if you should have any questions, believe
 our
  records are incorrect, or would like to arrange to make your purchase
 with
  our distributor by phone or email.
 
  Sincerely,
  Roy Germano, Ph.D.
  Founder/CEO, Roy Germano Films LLC


 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.




-- 
Jessica Rosner
Media Consultant
224-545-3897 (cell)
212-627-1785 (land line)
jessicapros...@gmail.com
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.


Re: [Videolib] Other side of immigration FW: Licensing issue - First Notice

2011-05-05 Thread Bergman, Barbara J
Just got a response back from him regarding my reply… Gee, maybe if you're just 
concerned about PPR, you should have said that instead of trying to threaten us.

Thank you for your reply. Of course that is fine if not being used for 
public performance. It's often the case that campuses use this film for 
community events. But if only lending out for personal use or classroom 
instruction, of course that's no problem. RG

Don't go against a librarian when copyright is on the line...
Barb 
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.


Re: [Videolib] Licensing issue - First Notice

2011-05-05 Thread Mary Hanlin
I just got that email as well.  (We purchased from a vendor that only sells to 
libraries.) I am very interested in hearing how others are handling this.

Mary Hanlin
Media Collection Development Librarian
Tidewater Community College
120 Campus Drive,
Portsmouth, Virginia 23701
P: 757-822-2133
F: 757-822-2149
mhan...@tcc.edu


-Original Message-
From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of 
ghand...@library.berkeley.edu
Sent: Thursday, May 05, 2011 2:58 PM
To: RG FIlms
Cc: jcon...@berkeley.edu; videolib@lists.berkeley.edu
Subject: Re: [Videolib] Licensing issue - First Notice

Roy...you've pissed off a big community of video librarians and others by
sending this out, I'm afraid to say.  Wish you had done a bit of
investigation and thinking before hitting the send key.

Most everyone in this business is very aware of the need to secure
performance rights for screening outside of individual use and classrooms
(which are covered by the face-to-face teaching exemption of the copyright
law)

If, in fact, you want to engage in the practice of charging institutions
higher prices across the board, you really can't sell in the home video
market--as I said in my earlier note. (Or, if you want to charge both home
and institutional prices, you need to do it via your web site, not amazon
and other mass marketers)

gary handman



 Thank you for your reply. Of course that is fine if not being used for
 public performance. It's often the case that campuses use this film for
 community events. But if only lending out for personal use or classroom
 instruction, of course that's no problem.
 Roy Germano


 On May 5, 2011, at 2:47 PM, ghand...@library.berkeley.edu wrote:

 Dear Film Distributor

 The title in question was bought from a valid home video distribution
 source and is perfectly legal under both contract and copyright law.
 Since we do not require public performance rights in our institution, we
 make it a point to buy home video versions of video whenever they are
 available.

 If, in fact, you wish to charge differentially higher prices for
 institutional use than for home video use, you simply cannot, at the
 same
 time, offer home video versions of your works. Since there are no
 contract
 or licensing stipulations for home video sale via vendors such as amazon
 (other than the usual restrictions against copying and other practices
 restricted by Title 117/US copyright Law), we feel the purchase we made
 were legal and in good faith.

 I think that if you do some investigation, you will find that the above
 contentions are supported by almost universal practice among independent
 film and video distributors.

 Please do not hesitate to contact me if you have questions.

 Gary Handman
 Director
 Media Resources Center






 Dear Librarian,

 I am writing on behalf of Roy Germano Films LLC, the copyright holder
 of a film you carry in your library called THE OTHER SIDE OF
 IMMIGRATION. According to our records, the DVD copy of THE OTHER SIDE
 OF IMMIGRATION that you have on your shelves is *licensed for home use
 only* (retail price: $20). To carry this film in your library, you
 must purchase a DVD that has been *licensed for use in
 college/university libraries* (retail price: $250).

 DVDs licensed for college/university use are sold exclusively on our
 website --
 http://www.TheOtherSideOfImmigration.com
 http://t.ymlp175.net/umwafahwwavawueaoajwej/click.php

 On our website, you will notice a link on the upper-righthand side of
 the website to purchase DVDs Licensed for Colleges/Universities
 http://t.ymlp175.net/umqazahwwavawueatajwej/click.php. Please click
 that link to enter our secure online store and make your purchase.

 We hope you will attend to this matter as soon as possible. Please
 feel free to contact me at this address if you have any questions,
 believe our records are incorrect, or would like to arrange to make
 your purchase with our distributor by phone or email.

 Sincerely,
 Roy Germano, Ph.D.
 Founder/CEO, Roy Germano Films LLC

 *Follow the film on TWITTER
 http://t.ymlp175.net/umyarahwwalawueapajwej/click.php  FACEBOOK
 http://t.ymlp175.net/ujsatahwwagawuealajwej/click.php*
 *check out* www.TheOtherSIdeOfImmigration.com
 http://t.ymlp175.net/umwafahwwavawueaoajwej/click.php

 
 Unsubscribe / Change Profile
 http://ymlp175.net/u.php?id=gewumjbgsgjwejgqs
 Powered by YMLP http://ymlp175.net/m/


 --
 ---
 Steven Black
 Head, Acquisitions Division
 The Bancroft Library
 University of California
 Berkeley, CA   94720-6000
 510-642-1320 t
 510-643-2548 f
 sbl...@library.berkeley.edu




 Gary Handman
 Director
 Media Resources Center
 Moffitt Library
 UC Berkeley

 510-643-8566
 ghand...@library.berkeley.edu
 http://www.lib.berkeley.edu/MRC

 I have always preferred the reflection of life to life itself.
 --Francois Truffaut






Re: [Videolib] Licensing issue - First Notice

2011-05-05 Thread Mary Hanlin
Sorry, I typed too soon; I'm really glad this listserv exists:)

Mary Hanlin
Media Collection Development Librarian
Tidewater Community College
120 Campus Drive,
Portsmouth, Virginia 23701
P: 757-822-2133
F: 757-822-2149
mhan...@tcc.edu


-Original Message-
From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Mary Hanlin
Sent: Thursday, May 05, 2011 3:04 PM
To: videolib@lists.berkeley.edu; RG FIlms
Cc: jcon...@berkeley.edu
Subject: Re: [Videolib] Licensing issue - First Notice

I just got that email as well.  (We purchased from a vendor that only sells to 
libraries.) I am very interested in hearing how others are handling this.

Mary Hanlin
Media Collection Development Librarian
Tidewater Community College
120 Campus Drive,
Portsmouth, Virginia 23701
P: 757-822-2133
F: 757-822-2149
mhan...@tcc.edu


-Original Message-
From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of 
ghand...@library.berkeley.edu
Sent: Thursday, May 05, 2011 2:58 PM
To: RG FIlms
Cc: jcon...@berkeley.edu; videolib@lists.berkeley.edu
Subject: Re: [Videolib] Licensing issue - First Notice

Roy...you've pissed off a big community of video librarians and others by
sending this out, I'm afraid to say.  Wish you had done a bit of
investigation and thinking before hitting the send key.

Most everyone in this business is very aware of the need to secure
performance rights for screening outside of individual use and classrooms
(which are covered by the face-to-face teaching exemption of the copyright
law)

If, in fact, you want to engage in the practice of charging institutions
higher prices across the board, you really can't sell in the home video
market--as I said in my earlier note. (Or, if you want to charge both home
and institutional prices, you need to do it via your web site, not amazon
and other mass marketers)

gary handman



 Thank you for your reply. Of course that is fine if not being used for
 public performance. It's often the case that campuses use this film for
 community events. But if only lending out for personal use or classroom
 instruction, of course that's no problem.
 Roy Germano


 On May 5, 2011, at 2:47 PM, ghand...@library.berkeley.edu wrote:

 Dear Film Distributor

 The title in question was bought from a valid home video distribution
 source and is perfectly legal under both contract and copyright law.
 Since we do not require public performance rights in our institution, we
 make it a point to buy home video versions of video whenever they are
 available.

 If, in fact, you wish to charge differentially higher prices for
 institutional use than for home video use, you simply cannot, at the
 same
 time, offer home video versions of your works. Since there are no
 contract
 or licensing stipulations for home video sale via vendors such as amazon
 (other than the usual restrictions against copying and other practices
 restricted by Title 117/US copyright Law), we feel the purchase we made
 were legal and in good faith.

 I think that if you do some investigation, you will find that the above
 contentions are supported by almost universal practice among independent
 film and video distributors.

 Please do not hesitate to contact me if you have questions.

 Gary Handman
 Director
 Media Resources Center






 Dear Librarian,

 I am writing on behalf of Roy Germano Films LLC, the copyright holder
 of a film you carry in your library called THE OTHER SIDE OF
 IMMIGRATION. According to our records, the DVD copy of THE OTHER SIDE
 OF IMMIGRATION that you have on your shelves is *licensed for home use
 only* (retail price: $20). To carry this film in your library, you
 must purchase a DVD that has been *licensed for use in
 college/university libraries* (retail price: $250).

 DVDs licensed for college/university use are sold exclusively on our
 website --
 http://www.TheOtherSideOfImmigration.com
 http://t.ymlp175.net/umwafahwwavawueaoajwej/click.php

 On our website, you will notice a link on the upper-righthand side of
 the website to purchase DVDs Licensed for Colleges/Universities
 http://t.ymlp175.net/umqazahwwavawueatajwej/click.php. Please click
 that link to enter our secure online store and make your purchase.

 We hope you will attend to this matter as soon as possible. Please
 feel free to contact me at this address if you have any questions,
 believe our records are incorrect, or would like to arrange to make
 your purchase with our distributor by phone or email.

 Sincerely,
 Roy Germano, Ph.D.
 Founder/CEO, Roy Germano Films LLC

 *Follow the film on TWITTER
 http://t.ymlp175.net/umyarahwwalawueapajwej/click.php  FACEBOOK
 http://t.ymlp175.net/ujsatahwwagawuealajwej/click.php*
 *check out* www.TheOtherSIdeOfImmigration.com
 http://t.ymlp175.net/umwafahwwavawueaoajwej/click.php

 
 Unsubscribe / Change Profile
 

Re: [Videolib] Other side of immigration FW: Licensing issue - First Notice

2011-05-05 Thread Maloy, Vicky
And, at the risk of being Mrs. Obvious: Never go against a Sicilian when death 
is on the line! Ha ha ha ha ha ha...
(http://www.imdb.com/title/tt0093779/quotes)

-Original Message-
From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Bergman, Barbara J
Sent: Thursday, May 05, 2011 2:02 PM
To: 'videolib@lists.berkeley.edu'
Subject: Re: [Videolib] Other side of immigration FW: Licensing issue - First 
Notice

Just got a response back from him regarding my reply… Gee, maybe if you're just 
concerned about PPR, you should have said that instead of trying to threaten us.

Thank you for your reply. Of course that is fine if not being used for 
public performance. It's often the case that campuses use this film for 
community events. But if only lending out for personal use or classroom 
instruction, of course that's no problem. RG

Don't go against a librarian when copyright is on the line...
Barb 
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.


Re: [Videolib] Other side of immigration FW: Licensing issue - FirstNotice

2011-05-05 Thread Tatar, Becky
I haven’t received this, but perhaps he is only addressing the 
college/university market.  We purchased our copy from Midwest, also.

 

Becky Tatar

Periodicals/Audiovisuals

Aurora Public Library

1 E. Benton Street

Aurora, IL   60505

Phone: 630-264-4100

FAX: 630-896-3209

blt...@aurora.lib.il.us

www.aurora.lib.il.us

 

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Bergman, Barbara J
Sent: Thursday, May 05, 2011 1:42 PM
To: 'videolib@lists.berkeley.edu'
Subject: [Videolib] Other side of immigration FW: Licensing issue - FirstNotice

 

Anybody else receive this?

Apparently someone hasn’t read section 110 of the copyright code.

 

I checked our records – we purchased through Midwest Tape, so wasn’t exactly a 
shady deal…

 

 

Barb Bergman | Media Services  Interlibrary Loan Librarian | Minnesota State 
University, Mankato | (507) 389-5945 | barbara.berg...@mnsu.edu

 

From: Roy Germano Films LLC [mailto:r...@roygermano.com] 
Sent: Thursday, May 05, 2011 1:10 PM
To: Bergman, Barbara J
Subject: Licensing issue - First Notice

 

Dear Librarian,

I am writing on behalf of Roy Germano Films LLC, the copyright holder of a film 
you carry in your library called THE OTHER SIDE OF IMMIGRATION. According to 
our records, the DVD copy of THE OTHER SIDE OF IMMIGRATION that you have on 
your shelves is licensed for home use only (retail price: $20). To carry this 
film in your library, you must purchase a DVD that has been licensed for use in 
college/university libraries (retail price: $250).

DVDs licensed for college/university use are sold exclusively on our website --
http://www.TheOtherSideOfImmigration.com 
http://t.ymlp175.net/umwapahwwatawueavajwuj/click.php 

On our website, you will notice a link on the upper-righthand side of the 
website to purchase DVDs Licensed for Colleges/Universities 
http://t.ymlp175.net/umqakahwwakawuealajwuj/click.php . Please click that 
link to enter our secure online store and make your purchase.
 
We hope you will attend to this matter as soon as possible. Please feel free to 
contact me at this address if you have any questions, believe our records are 
incorrect, or would like to arrange to make your purchase with our distributor 
by phone or email.

Sincerely,
Roy Germano, Ph.D.
Founder/CEO, Roy Germano Films LLC

 

 

 

Follow the film on TWITTER 
http://t.ymlp175.net/umyatahwwavawueacajwuj/click.php   FACEBOOK 
http://t.ymlp175.net/ujsaoahwwadawueakajwuj/click.php 

check out www.TheOtherSIdeOfImmigration.com 
http://t.ymlp175.net/umwapahwwatawueavajwuj/click.php 



Unsubscribe / Change Profile http://ymlp175.net/u.php?id=gewumjbgsgjwujgqs  
Powered by YMLP http://ymlp175.net/m/  

  http://t.ymlp175.net/rjwujxxeyeuvjqhr/footer.gif 

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.


Re: [Videolib] Licensing issue - First Notice

2011-05-05 Thread Ball, James (jmb4aw)
I'm curious about how he knows what anyone paid for their copy if they didn't 
buy it from him.

Matt


 
Matt Ball
Media and Collections Librarian
University of Virginia
Charlottesville, VA  22904
mattb...@virginia.edu | 434-924-3812


-Original Message-
From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of 
ghand...@library.berkeley.edu
Sent: Thursday, May 05, 2011 2:58 PM
To: RG FIlms
Cc: jcon...@berkeley.edu; videolib@lists.berkeley.edu
Subject: Re: [Videolib] Licensing issue - First Notice

Roy...you've pissed off a big community of video librarians and others by
sending this out, I'm afraid to say.  Wish you had done a bit of
investigation and thinking before hitting the send key.

Most everyone in this business is very aware of the need to secure
performance rights for screening outside of individual use and classrooms
(which are covered by the face-to-face teaching exemption of the copyright
law)

If, in fact, you want to engage in the practice of charging institutions
higher prices across the board, you really can't sell in the home video
market--as I said in my earlier note. (Or, if you want to charge both home
and institutional prices, you need to do it via your web site, not amazon
and other mass marketers)

gary handman



 Thank you for your reply. Of course that is fine if not being used for
 public performance. It's often the case that campuses use this film for
 community events. But if only lending out for personal use or classroom
 instruction, of course that's no problem.
 Roy Germano


 On May 5, 2011, at 2:47 PM, ghand...@library.berkeley.edu wrote:

 Dear Film Distributor

 The title in question was bought from a valid home video distribution
 source and is perfectly legal under both contract and copyright law.
 Since we do not require public performance rights in our institution, we
 make it a point to buy home video versions of video whenever they are
 available.

 If, in fact, you wish to charge differentially higher prices for
 institutional use than for home video use, you simply cannot, at the
 same
 time, offer home video versions of your works. Since there are no
 contract
 or licensing stipulations for home video sale via vendors such as amazon
 (other than the usual restrictions against copying and other practices
 restricted by Title 117/US copyright Law), we feel the purchase we made
 were legal and in good faith.

 I think that if you do some investigation, you will find that the above
 contentions are supported by almost universal practice among independent
 film and video distributors.

 Please do not hesitate to contact me if you have questions.

 Gary Handman
 Director
 Media Resources Center






 Dear Librarian,

 I am writing on behalf of Roy Germano Films LLC, the copyright holder
 of a film you carry in your library called THE OTHER SIDE OF
 IMMIGRATION. According to our records, the DVD copy of THE OTHER SIDE
 OF IMMIGRATION that you have on your shelves is *licensed for home use
 only* (retail price: $20). To carry this film in your library, you
 must purchase a DVD that has been *licensed for use in
 college/university libraries* (retail price: $250).

 DVDs licensed for college/university use are sold exclusively on our
 website --
 http://www.TheOtherSideOfImmigration.com
 http://t.ymlp175.net/umwafahwwavawueaoajwej/click.php

 On our website, you will notice a link on the upper-righthand side of
 the website to purchase DVDs Licensed for Colleges/Universities
 http://t.ymlp175.net/umqazahwwavawueatajwej/click.php. Please click
 that link to enter our secure online store and make your purchase.

 We hope you will attend to this matter as soon as possible. Please
 feel free to contact me at this address if you have any questions,
 believe our records are incorrect, or would like to arrange to make
 your purchase with our distributor by phone or email.

 Sincerely,
 Roy Germano, Ph.D.
 Founder/CEO, Roy Germano Films LLC

 *Follow the film on TWITTER
 http://t.ymlp175.net/umyarahwwalawueapajwej/click.php  FACEBOOK
 http://t.ymlp175.net/ujsatahwwagawuealajwej/click.php*
 *check out* www.TheOtherSIdeOfImmigration.com
 http://t.ymlp175.net/umwafahwwavawueaoajwej/click.php

 
 Unsubscribe / Change Profile
 http://ymlp175.net/u.php?id=gewumjbgsgjwejgqs
 Powered by YMLP http://ymlp175.net/m/


 --
 ---
 Steven Black
 Head, Acquisitions Division
 The Bancroft Library
 University of California
 Berkeley, CA   94720-6000
 510-642-1320 t
 510-643-2548 f
 sbl...@library.berkeley.edu




 Gary Handman
 Director
 Media Resources Center
 Moffitt Library
 UC Berkeley

 510-643-8566
 ghand...@library.berkeley.edu
 http://www.lib.berkeley.edu/MRC

 I have always preferred the reflection of life to life itself.
 --Francois Truffaut





Gary Handman
Director
Media Resources Center
Moffitt 

[Videolib] Streaming Question

2011-05-05 Thread John Streepy
Hello all, 
I am 99.9% positive I gave a faculty member the correct response to his request 
but I thought I would verify with the CW of this august body.   

The professor is teaching an entirely online course and wants to stream a few 
full length feature films for the students.  These films would only be 
accessible though a closed password encrypted system.  I informed him that at 
best he could steam a clip or two (for that is protected both by fair use and 
the TEACH Act) but digitizing and streaming a full feature film would violate 
copyright.  I then informed him that obtaining streaming rights for feature 
films is next to impossible.  Did I give this professor correct information? 

thanks 

jhs 
John H. Streepy
Media Services Supervisor
Library-Media Circulation
James E. Brooks Library
Central Washington University
400 East University Way
Ellensburg, WA  98926-7548

(509) 963-2861
http://www.lib.cwu.edu/media

Hand to hand combat just goes with the territory.
All part of being a librarian -- James Turner Rex Libris

Transitus profusum est nocens!





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.


Re: [Videolib] Streaming Question

2011-05-05 Thread Jessica Rosner
Depending on the film obtaining streaming rights should not be impossible
though it could be prohibitively expensive. It really depends on the
titles.

On Thu, May 5, 2011 at 3:37 PM, John Streepy john.stre...@cwu.edu wrote:

  Hello all,

 I am 99.9% positive I gave a faculty member the correct response to his
 request but I thought I would verify with the CW of this august body.

  The professor is teaching an entirely online course and wants to stream a
 few full length feature films for the students.  These films would only be
 accessible though a closed password encrypted system.  I informed him that
 at best he could steam a clip or two (for that is protected both by fair use
 and the TEACH Act) but digitizing and streaming a full feature film would
 violate copyright.  I then informed him that obtaining streaming rights for
 feature films is next to impossible.  Did I give this professor correct
 information?

  thanks

  jhs

 John H. Streepy
 Media Services Supervisor
 Library-Media Circulation
 James E. Brooks Library
 Central Washington University
 400 East University Way
 Ellensburg, WA  98926-7548

 (509) 963-2861
 http://www.lib.cwu.edu/media

 Hand to hand combat just goes with the territory.
 All part of being a librarian -- James Turner Rex Libris

 Transitus profusum est nocens!





 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.




-- 
Jessica Rosner
Media Consultant
224-545-3897 (cell)
212-627-1785 (land line)
jessicapros...@gmail.com
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.


Re: [Videolib] Licensing issue - First Notice

2011-05-05 Thread jwoo
Gary,

Thanks for speaking on behalf of us librarians.

I wish there were a way to educate filmmakers and film distributors  
about not only the legalities, but also the realities, of pricing for  
the library market.

It's simple accounting: libraries can make more films accessible to  
their patrons if the cost of the videos is low.  If the cost is high,  
our budgets will accommodate far fewer purchases. So if a video is  
expensive, it better be a stand out.

It's also a matter of what the market will bear.  If libraries  
continue to pay $250 for a dvd instead of $29, why wouldn't sellers  
ask us for the higher price?

And, yes, I've heard the song about filmmakers and distributors having  
to make a living, but don't we all?  Libraries shouldn't be  
responsible for subsidizing vendors; making resources available to our  
patrons is what we're about.

Regards,
Janice Woo


On May 5, 2011, at 11:57 AM, ghand...@library.berkeley.edu wrote:

 Roy...you've pissed off a big community of video librarians and  
 others by
 sending this out, I'm afraid to say.  Wish you had done a bit of
 investigation and thinking before hitting the send key.

 Most everyone in this business is very aware of the need to secure
 performance rights for screening outside of individual use and  
 classrooms
 (which are covered by the face-to-face teaching exemption of the  
 copyright
 law)

 If, in fact, you want to engage in the practice of charging  
 institutions
 higher prices across the board, you really can't sell in the home  
 video
 market--as I said in my earlier note. (Or, if you want to charge  
 both home
 and institutional prices, you need to do it via your web site, not  
 amazon
 and other mass marketers)

 gary handman



 Thank you for your reply. Of course that is fine if not being used  
 for
 public performance. It's often the case that campuses use this film  
 for
 community events. But if only lending out for personal use or  
 classroom
 instruction, of course that's no problem.
 Roy Germano


 On May 5, 2011, at 2:47 PM, ghand...@library.berkeley.edu wrote:

 Dear Film Distributor

 The title in question was bought from a valid home video  
 distribution
 source and is perfectly legal under both contract and copyright law.
 Since we do not require public performance rights in our  
 institution, we
 make it a point to buy home video versions of video whenever they  
 are
 available.

 If, in fact, you wish to charge differentially higher prices for
 institutional use than for home video use, you simply cannot, at the
 same
 time, offer home video versions of your works. Since there are no
 contract
 or licensing stipulations for home video sale via vendors such as  
 amazon
 (other than the usual restrictions against copying and other  
 practices
 restricted by Title 117/US copyright Law), we feel the purchase we  
 made
 were legal and in good faith.

 I think that if you do some investigation, you will find that the  
 above
 contentions are supported by almost universal practice among  
 independent
 film and video distributors.

 Please do not hesitate to contact me if you have questions.

 Gary Handman
 Director
 Media Resources Center






 Dear Librarian,

 I am writing on behalf of Roy Germano Films LLC, the copyright  
 holder
 of a film you carry in your library called THE OTHER SIDE OF
 IMMIGRATION. According to our records, the DVD copy of THE OTHER  
 SIDE
 OF IMMIGRATION that you have on your shelves is *licensed for  
 home use
 only* (retail price: $20). To carry this film in your library, you
 must purchase a DVD that has been *licensed for use in
 college/university libraries* (retail price: $250).

 DVDs licensed for college/university use are sold exclusively on  
 our
 website --
 http://www.TheOtherSideOfImmigration.com
 http://t.ymlp175.net/umwafahwwavawueaoajwej/click.php

 On our website, you will notice a link on the upper-righthand  
 side of
 the website to purchase DVDs Licensed for Colleges/Universities
 http://t.ymlp175.net/umqazahwwavawueatajwej/click.php. Please  
 click
 that link to enter our secure online store and make your purchase.

 We hope you will attend to this matter as soon as possible. Please
 feel free to contact me at this address if you have any questions,
 believe our records are incorrect, or would like to arrange to  
 make
 your purchase with our distributor by phone or email.

 Sincerely,
 Roy Germano, Ph.D.
 Founder/CEO, Roy Germano Films LLC

 *Follow the film on TWITTER
 http://t.ymlp175.net/umyarahwwalawueapajwej/click.php  FACEBOOK
 http://t.ymlp175.net/ujsatahwwagawuealajwej/click.php*
 *check out* www.TheOtherSIdeOfImmigration.com
 http://t.ymlp175.net/umwafahwwavawueaoajwej/click.php

 
 Unsubscribe / Change Profile
 http://ymlp175.net/u.php?id=gewumjbgsgjwejgqs
 Powered by YMLP http://ymlp175.net/m/


 --
 ---
 Steven Black
 Head, 

Re: [Videolib] Challenge to using a home video instead of institutionally licensed video

2011-05-05 Thread Susan Albrecht
Jessica said:
One last thing. I have mentioned this before but for whatever it is worth there 
are a lot of filmmakers and distributors who sincerely believe there is 
something called  institutional video and that schools and libraries must pay 
more than individuals. I actually have one I am dealing with myself and nothing 
I do including sending a copy of the copyright law will convince him otherwise, 
because he was told this by another sales rep and this case it is titles widely 
available through pretty much any standard wholesaler/ retailer.


Susan:
I think this is sometimes true.  A few months ago, I had a similar experience 
with someone pretty new to the film distribution world.  I ordered a copy of a 
DVD the very first moment I could get my hands on it, and at that time, what 
was available was a $30 home-use DVD.  I didn't really need PPR and so I didn't 
worry about it, just bought it.  A few MONTHS later, I received an email from 
someone at the company, which contained an invoice for the institutional 
price, along with commentary similar to what a number of you received in this 
case.

I ended up having a bit of an email exchange and then a very nice phone 
conversation with the woman, followed by more emails, in which I explained why 
I didn't think she really had a leg to stand on and in which we discussed 
tiered pricing, PPR, secondary sellers such as Amazon  Midwest Tape, etc.  I 
had fallen in love with the film [Pelada, btw] and had decided I was willing to 
pay the difference between the home use and the institutional simply because I 
supported what these young folks were doing with their project, but I also 
'warned' her that she had better be prepared for others she was contacting to 
NOT be as friendly NOR as willing to pay the cost difference.  She had really 
not been very informed about this stuff and was quite happy to discuss it.  I 
honestly don't know how much trouble she eventually ran into with others.

Now, to throw in another wrinkle.  When I bought, it was available only from 
the filmmakers (who really should've had home use  institutional sales 
prepared to go simultaneously).  To my knowledge, the home use was never 
available through any secondary source.  So let's say they had done it right 
and, from the beginning, had had tiered pricing and were the exclusive 
distributor.  What happens once *aftermarket* sellers begin offering up copies 
through a site like Amazon?  It isn't Amazon directly selling it.  Anyone care 
to take that one on in terms of institutional obligations??

Susan

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.


Re: [Videolib] Streaming Question

2011-05-05 Thread Susan Albrecht
I agree with Jessica.  Did you give the professor the correct information?  Yes 
and no, I'd say.  Swank now has a catalog of 7,000 feature films for which 
they have streaming rights (for academic use and via course management 
systems).  The cost varies depending on number you're signing on for and 
duration of access.

Susan


From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner
Sent: Thursday, May 05, 2011 3:45 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Streaming Question

Depending on the film obtaining streaming rights should not be impossible 
though it could be prohibitively expensive. It really depends on the titles.
On Thu, May 5, 2011 at 3:37 PM, John Streepy 
john.stre...@cwu.edumailto:john.stre...@cwu.edu wrote:

Hello all,

I am 99.9% positive I gave a faculty member the correct response to his request 
but I thought I would verify with the CW of this august body.


The professor is teaching an entirely online course and wants to stream a few 
full length feature films for the students.  These films would only be 
accessible though a closed password encrypted system.  I informed him that at 
best he could steam a clip or two (for that is protected both by fair use and 
the TEACH Act) but digitizing and streaming a full feature film would violate 
copyright.  I then informed him that obtaining streaming rights for feature 
films is next to impossible.  Did I give this professor correct information?


thanks


jhs

John H. Streepy
Media Services Supervisor
Library-Media Circulation
James E. Brooks Library
Central Washington University
400 East University Way
Ellensburg, WA  98926-7548

(509) 963-2861
http://www.lib.cwu.edu/media

Hand to hand combat just goes with the territory.
All part of being a librarian -- James Turner Rex Libris

Transitus profusum est nocens!




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.



--
Jessica Rosner
Media Consultant
224-545-3897 (cell)
212-627-1785 (land line)
jessicapros...@gmail.commailto:jessicapros...@gmail.com
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.


Re: [Videolib] Challenge to using a home video instead of institutionally licensed video

2011-05-05 Thread Chris Lewis
For the record, we got this email too and our legal counsel
recommended saying simply that we purchased our copy legally and we
abide by the copyright law. His initial reaction was to recommend
ignoring it altogether.

On Thu, May 5, 2011 at 2:43 PM, Deg Farrelly deg.farre...@asu.edu wrote:
 Sharing with the Videolib list an email from a video distributor, and my 
 internal response to the Collection Development office for use in replying to 
 the original message.  (Snipped to remove some elements that are 
 institutionally specific)


 snip

 That said, the author of this email is incorrect in his assertion.

 I assume, as we often do, this title was purchased through Amazon.com, where 
 it is currently listed as being in stock and sold for $13.50

 If so, our copy is a legally acquired copy, and governed by the rule of first 
 sale, which allows a library to loan or otherwise use a copy.

 Additionally, US Copyright law specifically exempts us from needing public 
 performance rights to use a legally acquired video in classes.

 See:  http://www.copyright.gov/title17/92chap1.html#110

 When a video is sold through other markets, the distributor cannot place a 
 requirement on us to acquire PPR, or pay the higher price.  Were the 
 distributor the sole distributor, they could refuse to sell us the home video 
 copy and insist that we pay $250.  But as we (I assume) purchased through 
 Amazon, they cannot make that claim.

 -deg

 --
 deg farrelly, Full Librarian
 Mail Code 1006
 Arizona State University
 P.O. Box 871006
 Tempe, AZ 85287
 Phone:  480.965.1403
 Email:  deg.farre...@asu.edu


 -Original Message-

 Sent: Thursday, May 05, 2011 11:16 AM


 I am writing on behalf of Roy Germano Films LLC, the copyright holder of a
 film you carry in your library called THE OTHER SIDE OF IMMIGRATION.
 According to our records, the DVD copy of THE OTHER SIDE OF IMMIGRATION that
 you have on your shelves is licensed for home use only (retail price: $20).
 To carry this film in your library, you must purchase a DVD that has been
 licensed for use in college/university libraries (retail price: $250).

 DVDs licensed for college/university use are sold exclusively on our website
 --
 http://www.TheOtherSideOfImmigration.com

 On our website, you will notice a link on the upper-righthand side of the
 website to purchase DVDs Licensed for Colleges/Universities. Please click
 that link to enter our secure online store and make your purchase.

 We hope you will attend to this matter as soon as possible. Please feel free
 to contact me at this address if you should have any questions, believe our
 records are incorrect, or would like to arrange to make your purchase with
 our distributor by phone or email.

 Sincerely,
 Roy Germano, Ph.D.
 Founder/CEO, Roy Germano Films LLC


 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.




-- 
Chris Lewis
Media Librarian
American University Library
202.885.3257

For latest Media Services News visit our blog at
http://aulibmedia.blogspot.com

Please think twice before printing this e-mail.

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.


Re: [Videolib] Licensing issue - First Notice

2011-05-05 Thread Bob Norris
Janice,

I think any distributors reading this string got/are getting a good education. 
The National Media Market is currently working on the professional development 
sessions for the next conference. Copyright issues may be included. I'll 
recommend that pricing be included in the agenda if the session happens.

Regards,
Bob Norris 
Film Ideas

On May 5, 2011, at 2:51 PM, videolib-requ...@lists.berkeley.edu wrote:
 
   4. Re: Licensing issue - First Notice (jwoo)
 
 From: jwoo j...@cca.edu
 Date: May 5, 2011 2:51:26 PM CDT
 To: videolib@lists.berkeley.edu
 Cc: RG FIlms r...@roygermano.com, jcon...@berkeley.edu
 Subject: Re: [Videolib] Licensing issue - First Notice
 Reply-To: videolib@lists.berkeley.edu
 
 
 Gary,
 
 Thanks for speaking on behalf of us librarians.
 
 I wish there were a way to educate filmmakers and film distributors about not 
 only the legalities, but also the realities, of pricing for the library 
 market.
 
 It's simple accounting: libraries can make more films accessible to their 
 patrons if the cost of the videos is low.  If the cost is high, our budgets 
 will accommodate far fewer purchases. So if a video is expensive, it better 
 be a stand out.
 
 It's also a matter of what the market will bear.  If libraries continue to 
 pay $250 for a dvd instead of $29, why wouldn't sellers ask us for the higher 
 price?
 
 And, yes, I've heard the song about filmmakers and distributors having to 
 make a living, but don't we all?  Libraries shouldn't be responsible for 
 subsidizing vendors; making resources available to our patrons is what we're 
 about.
 
 Regards,
 Janice Woo
 

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.


Re: [Videolib] Streaming Question

2011-05-05 Thread John Streepy
Danton with Gerard Depardeau; All Quiet on the Western Front (1930); Black Rain 
(Kuroi ame) ; and To Live (Hou zhe); and a part of the Genius that was China 
from WGBH. 
regars 
jhs

 Jessica Rosner jessicapros...@gmail.com 5/5/2011 1:16 PM 
Well give us the titles. If they are not Swank they may be cheaper.


On Thu, May 5, 2011 at 4:09 PM, John Streepy 
john.stre...@cwu.edu 

wrote:


Prohibitively expensive is just like saying impossible on my campus. I just 
searched Swank's website and they did not have any of the titles. Thanks for 
the back up. Coming up on ten years doing this work and I am now starting to 
think of myself as moderately knowledgeable. 
regards 

jhs 


John H. Streepy
Media Services Supervisor
Library-Media Circulation
James E. Brooks Library
Central Washington University
400 East University Way
Ellensburg, WA 98926-7548

(509) 963-2861
http://www.lib.cwu.edu/media

Hand to hand combat just goes with the territory.
All part of being a librarian -- James Turner Rex Libris

Transitus profusum est nocens!





 Jessica Rosner jessicapros...@gmail.com 5/5/2011 12:44 PM  



Depending on the film obtaining streaming rights should not be impossible 
though it could be prohibitively expensive. It really depends on the titles.




On Thu, May 5, 2011 at 3:37 PM, John Streepy 
john.stre...@cwu.edu 

wrote:


Hello all, 
I am 99.9% positive I gave a faculty member the correct response to his request 
but I thought I would verify with the CW of this august body. 


The professor is teaching an entirely online course and wants to stream a few 
full length feature films for the students. These films would only be 
accessible though a closed password encrypted system. I informed him that at 
best he could steam a clip or two (for that is protected both by fair use and 
the TEACH Act) but digitizing and streaming a full feature film would violate 
copyright. I then informed him that obtaining streaming rights for feature 
films is next to impossible. Did I give this professor correct information? 


thanks 


jhs 

John H. Streepy
Media Services Supervisor
Library-Media Circulation
James E. Brooks Library
Central Washington University
400 East University Way
Ellensburg, WA 98926-7548

(509) 963-2861 ( tel:%28509%29%20963-2861 )
http://www.lib.cwu.edu/media

Hand to hand combat just goes with the territory.
All part of being a librarian -- James Turner Rex Libris

Transitus profusum est nocens!






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.





--
Jessica Rosner
Media Consultant
224-545-3897 ( tel:224-545-3897 ) (cell)
212-627-1785 ( tel:212-627-1785 ) (land line)
jessicapros...@gmail.com



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.





--
Jessica Rosner
Media Consultant
224-545-3897 (cell)
212-627-1785 (land line)
jessicapros...@gmail.com


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.


Re: [Videolib] Streaming Question

2011-05-05 Thread ghandman
...and ya gotta keep firmly in mind that Swank licenses for access by
specific courses for a specified amount of time.  I may be a voice
shrek-ing in the wildness, but I simply can't support that kind of
circumscribed/limited access by the library (at least my library).

gary


 Prohibitively expensive is just like saying impossible on my campus.  I
 just searched Swank's website and they did not have any of the titles.
 Thanks for the back up.  Coming up on ten years doing this work and I am
 now starting to think of myself as moderately knowledgeable.
 regards
 jhs


 John H. Streepy
 Media Services Supervisor
 Library-Media Circulation
 James E. Brooks Library
 Central Washington University
 400 East University Way
 Ellensburg, WA  98926-7548

 (509) 963-2861
 http://www.lib.cwu.edu/media

 Hand to hand combat just goes with the territory.
 All part of being a librarian -- James Turner Rex Libris

 Transitus profusum est nocens!




 Jessica Rosner jessicapros...@gmail.com 5/5/2011 12:44 PM 
 Depending on the film obtaining streaming rights should not be impossible
 though it could be prohibitively expensive. It really depends on the
 titles.


 On Thu, May 5, 2011 at 3:37 PM, John Streepy
 john.stre...@cwu.edu

 wrote:


 Hello all,
 I am 99.9% positive I gave a faculty member the correct response to his
 request but I thought I would verify with the CW of this august body.


 The professor is teaching an entirely online course and wants to stream a
 few full length feature films for the students. These films would only be
 accessible though a closed password encrypted system. I informed him that
 at best he could steam a clip or two (for that is protected both by fair
 use and the TEACH Act) but digitizing and streaming a full feature film
 would violate copyright. I then informed him that obtaining streaming
 rights for feature films is next to impossible. Did I give this professor
 correct information?


 thanks


 jhs

 John H. Streepy
 Media Services Supervisor
 Library-Media Circulation
 James E. Brooks Library
 Central Washington University
 400 East University Way
 Ellensburg, WA 98926-7548

 (509) 963-2861
 http://www.lib.cwu.edu/media

 Hand to hand combat just goes with the territory.
 All part of being a librarian -- James Turner Rex Libris

 Transitus profusum est nocens!






 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.





 --
 Jessica Rosner
 Media Consultant
 224-545-3897 (cell)
 212-627-1785 (land line)
 jessicapros...@gmail.com


 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.



Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley

510-643-8566
ghand...@library.berkeley.edu
http://www.lib.berkeley.edu/MRC

I have always preferred the reflection of life to life itself.
--Francois Truffaut


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.


Re: [Videolib] Licensing issue - First Notice

2011-05-05 Thread matthew . wright
I had a similar email about a year ago from a filmmaker from New Zealand. 
I can no longer recall the filmmaker or the DVD.  She did not insist 
that we pay the educational price but she emailed to say that she saw the 
title in our online catalog and she was at least curious where we 
purchased it and how much we paid for it. 




Matthew Wright
Head of Collection Development and Instructional Services
William S. Boyd School of Law
University of Nevada Las Vegas
4505 Maryland Parkway, Box 451080
Las Vegas, NV 89154-1080
(702) 895-2409; (702) 895-2410 (fax)



From:   Bob Norris b...@filmideas.com
To: videolib@lists.berkeley.edu
Date:   05/05/2011 01:41 PM
Subject:Re: [Videolib] Licensing issue - First Notice
Sent by:videolib-boun...@lists.berkeley.edu



Janice,

I think any distributors reading this string got/are getting a good 
education. The National Media Market is currently working on the 
professional development sessions for the next conference. Copyright 
issues may be included. I'll recommend that pricing be included in the 
agenda if the session happens.

Regards,
Bob Norris 
Film Ideas

On May 5, 2011, at 2:51 PM, videolib-requ...@lists.berkeley.edu wrote:

  4. Re: Licensing issue - First Notice (jwoo)

From: jwoo j...@cca.edu
Date: May 5, 2011 2:51:26 PM CDT
To: videolib@lists.berkeley.edu
Cc: RG FIlms r...@roygermano.com, jcon...@berkeley.edu
Subject: Re: [Videolib] Licensing issue - First Notice
Reply-To: videolib@lists.berkeley.edu


Gary,

Thanks for speaking on behalf of us librarians.

I wish there were a way to educate filmmakers and film distributors about 
not only the legalities, but also the realities, of pricing for the 
library market.

It's simple accounting: libraries can make more films accessible to their 
patrons if the cost of the videos is low.  If the cost is high, our 
budgets will accommodate far fewer purchases. So if a video is expensive, 
it better be a stand out.

It's also a matter of what the market will bear.  If libraries continue to 
pay $250 for a dvd instead of $29, why wouldn't sellers ask us for the 
higher price?

And, yes, I've heard the song about filmmakers and distributors having to 
make a living, but don't we all?  Libraries shouldn't be responsible for 
subsidizing vendors; making resources available to our patrons is what 
we're about.

Regards,
Janice Woo

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.


Re: [Videolib] Streaming Question

2011-05-05 Thread Jessica Rosner
Yikes. Last i checked DANTON was not available but you could always ask
GAUMONT in France. or Criterion which released All Quiet IS Swank. I think
TO LIVE  BLACK RAIN are one where rights are overseas. Dang nothing to
simple on that list.

Too bad the guy was not teaching something someone on the listserv had. Tell
him if he changes his class to Melies I will make him a great deal
(kidding).

On Thu, May 5, 2011 at 4:40 PM, John Streepy john.stre...@cwu.edu wrote:

  Danton with Gerard Depardeau; All Quiet on the Western Front (1930);
 Black Rain (Kuroi ame) ; and To Live (Hou zhe); and a part of the Genius
 that was China from WGBH.

 regars

 jhs

  Jessica Rosner jessicapros...@gmail.com 5/5/2011 1:16 PM 

 Well give us the titles. If they are not Swank they may be cheaper.

   On Thu, May 5, 2011 at 4:09 PM, John Streepy

 john.stre...@cwu.edu

 wrote:

  Prohibitively expensive is just like saying impossible on my campus. I
 just searched Swank's website and they did not have any of the titles.
 Thanks for the back up. Coming up on ten years doing this work and I am now
 starting to think of myself as moderately knowledgeable.

 regards

  jhs


 John H. Streepy
 Media Services Supervisor
 Library-Media Circulation
 James E. Brooks Library
 Central Washington University
 400 East University Way
 Ellensburg, WA 98926-7548

 (509) 963-2861
 http://www.lib.cwu.edu/media

 Hand to hand combat just goes with the territory.
 All part of being a librarian -- James Turner Rex Libris

 Transitus profusum est nocens!




Jessica Rosner jessicapros...@gmail.com 5/5/2011 12:44 PM 


 Depending on the film obtaining streaming rights should not be impossible
 though it could be prohibitively expensive. It really depends on the titles.



   On Thu, May 5, 2011 at 3:37 PM, John Streepy

 john.stre...@cwu.edu

 wrote:

  Hello all,

 I am 99.9% positive I gave a faculty member the correct response to his
 request but I thought I would verify with the CW of this august body.


  The professor is teaching an entirely online course and wants to stream
 a few full length feature films for the students. These films would only be
 accessible though a closed password encrypted system. I informed him that at
 best he could steam a clip or two (for that is protected both by fair use
 and the TEACH Act) but digitizing and streaming a full feature film would
 violate copyright. I then informed him that obtaining streaming rights for
 feature films is next to impossible. Did I give this professor correct
 information?


  thanks


  jhs


 John H. Streepy
 Media Services Supervisor
 Library-Media Circulation
 James E. Brooks Library
 Central Washington University
 400 East University Way
 Ellensburg, WA 98926-7548

 (509) 963-2861
 http://www.lib.cwu.edu/media

 Hand to hand combat just goes with the territory.
 All part of being a librarian -- James Turner Rex Libris

 Transitus profusum est nocens!





 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.




 --
 Jessica Rosner
 Media Consultant
 224-545-3897 (cell)
 212-627-1785 (land line)
 jessicapros...@gmail.com


 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.




 --
 Jessica Rosner
 Media Consultant
 224-545-3897 (cell)
 212-627-1785 (land line)
 jessicapros...@gmail.com


 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.




-- 
Jessica Rosner
Media Consultant
224-545-3897 (cell)
212-627-1785 (land line)
jessicapros...@gmail.com
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 

[Videolib] Off air record question

2011-05-05 Thread Stanton, Kim
Hi all,

I've had a request from an administrator to record a short portion of a two 
hour national morning talk show. Our university participated in a study that is 
going to be reported on during a 10 minute segment of the show. The 
administrator doesn't have a specific use in mind for it, she just thinks it 
would be beneficial to have as a record.

So, does this fall under Kastenmeier? I always had the impression this 
guideline covered more in class teaching related uses, plus the 10day/45 day 
rules don't help me out much here.  Is there a legally acceptable way for the 
library to record a segment of this program and keep it indefinitely? Possibly 
even restricted to in-house use?

Thanks,
Kim


Kim Stanton
Head, Media Library
University of North Texas
kim.stan...@unt.edu
P: (940) 565-4832
F: (940) 369-7396

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.


Re: [Videolib] Licensing issue - First Notice

2011-05-05 Thread Jessica Rosner
Well that is whole other kettle of fish. Overseas owners can get sensitive
about that.

On Thu, May 5, 2011 at 4:57 PM, matthew.wri...@unlv.edu wrote:

 I had a similar email about a year ago from a filmmaker from New Zealand.
  I can no longer recall the filmmaker or the DVD.  She did not insist that
 we pay the educational price but she emailed to say that she saw the title
 in our online catalog and she was at least curious where we purchased it and
 how much we paid for it.




 Matthew Wright
 Head of Collection Development and Instructional Services
 William S. Boyd School of Law
 University of Nevada Las Vegas
 4505 Maryland Parkway, Box 451080
 Las Vegas, NV 89154-1080
 (702) 895-2409; (702) 895-2410 (fax)



 From:Bob Norris b...@filmideas.com
 To:videolib@lists.berkeley.edu
 Date:05/05/2011 01:41 PM
 Subject:Re: [Videolib] Licensing issue - First Notice
 Sent by:videolib-boun...@lists.berkeley.edu
 --



 Janice,

 I think any distributors reading this string got/are getting a good
 education. The National Media Market is currently working on the
 professional development sessions for the next conference. Copyright issues
 may be included. I'll recommend that pricing be included in the agenda if
 the session happens.

 Regards,
 Bob Norris
 Film Ideas

 On May 5, 2011, at 2:51 PM, 
 *videolib-requ...@lists.berkeley.edu*videolib-requ...@lists.berkeley.eduwrote:

  4. Re: Licensing issue - First Notice (jwoo)

 *From: *jwoo *j...@cca.edu* j...@cca.edu
 *Date: *May 5, 2011 2:51:26 PM CDT
 *To: **videolib@lists.berkeley.edu* videolib@lists.berkeley.edu
 *Cc: *RG FIlms *r...@roygermano.com* r...@roygermano.com, *
 jcon...@berkeley.edu* jcon...@berkeley.edu
 *Subject: Re: [Videolib] Licensing issue - First Notice*
 *Reply-To: **videolib@lists.berkeley.edu* videolib@lists.berkeley.edu


 Gary,

 Thanks for speaking on behalf of us librarians.

 I wish there were a way to educate filmmakers and film distributors about
 not only the legalities, but also the realities, of pricing for the library
 market.

 It's simple accounting: libraries can make more films accessible to their
 patrons if the cost of the videos is low.  If the cost is high, our budgets
 will accommodate far fewer purchases. So if a video is expensive, it better
 be a stand out.

 It's also a matter of what the market will bear.  If libraries continue to
 pay $250 for a dvd instead of $29, why wouldn't sellers ask us for the
 higher price?

 And, yes, I've heard the song about filmmakers and distributors having to
 make a living, but don't we all?  Libraries shouldn't be responsible for
 subsidizing vendors; making resources available to our patrons is what we're
 about.

 Regards,
 Janice Woo

 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.




-- 
Jessica Rosner
Media Consultant
224-545-3897 (cell)
212-627-1785 (land line)
jessicapros...@gmail.com
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.


Re: [Videolib] Streaming Question

2011-05-05 Thread Jo Ann Reynolds
Swank has been doing some consortial stuff which brings the price down.
Waldo is one and BLC is looking it as well. Still not as cheap as one
might like but it's very helpful for supporting distance learning.

Jo Ann

Jo Ann Reynolds
Reserve Services Coordinator
University of Connecticut
Homer Babbidge Library
Storrs,  CT
860-486-1406 (p)
860-486-5636 (f)
jo_ann.reyno...@uconn.edu
http://classguides.lib.uconn.edu/mediaresources

Question Reality


-Original Message-
From: videolib-boun...@lists.berkeley.edu
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of
ghand...@library.berkeley.edu
Sent: Thursday, May 05, 2011 4:47 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Streaming Question

...and ya gotta keep firmly in mind that Swank licenses for access by
specific courses for a specified amount of time.  I may be a voice
shrek-ing in the wildness, but I simply can't support that kind of
circumscribed/limited access by the library (at least my library).

gary


 Prohibitively expensive is just like saying impossible on my campus.
I
 just searched Swank's website and they did not have any of the titles.
 Thanks for the back up.  Coming up on ten years doing this work and I
am
 now starting to think of myself as moderately knowledgeable.
 regards
 jhs


 John H. Streepy
 Media Services Supervisor
 Library-Media Circulation
 James E. Brooks Library
 Central Washington University
 400 East University Way
 Ellensburg, WA  98926-7548

 (509) 963-2861
 http://www.lib.cwu.edu/media

 Hand to hand combat just goes with the territory.
 All part of being a librarian -- James Turner Rex Libris

 Transitus profusum est nocens!




 Jessica Rosner jessicapros...@gmail.com 5/5/2011 12:44 PM 
 Depending on the film obtaining streaming rights should not be
impossible
 though it could be prohibitively expensive. It really depends on the
 titles.


 On Thu, May 5, 2011 at 3:37 PM, John Streepy
 john.stre...@cwu.edu

 wrote:


 Hello all,
 I am 99.9% positive I gave a faculty member the correct response to
his
 request but I thought I would verify with the CW of this august body.


 The professor is teaching an entirely online course and wants to
stream a
 few full length feature films for the students. These films would only
be
 accessible though a closed password encrypted system. I informed him
that
 at best he could steam a clip or two (for that is protected both by
fair
 use and the TEACH Act) but digitizing and streaming a full feature
film
 would violate copyright. I then informed him that obtaining streaming
 rights for feature films is next to impossible. Did I give this
professor
 correct information?


 thanks


 jhs

 John H. Streepy
 Media Services Supervisor
 Library-Media Circulation
 James E. Brooks Library
 Central Washington University
 400 East University Way
 Ellensburg, WA 98926-7548

 (509) 963-2861
 http://www.lib.cwu.edu/media

 Hand to hand combat just goes with the territory.
 All part of being a librarian -- James Turner Rex Libris

 Transitus profusum est nocens!






 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.





 --
 Jessica Rosner
 Media Consultant
 224-545-3897 (cell)
 212-627-1785 (land line)
 jessicapros...@gmail.com


 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.



Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley

510-643-8566
ghand...@library.berkeley.edu
http://www.lib.berkeley.edu/MRC

I have always preferred the reflection of life to life itself.
--Francois Truffaut


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 

Re: [Videolib] Licensing issue - First Notice

2011-05-05 Thread Foster, Jennifer
*Begin Soapbox*

 

Personally, I think some filmmakers/producers need Business 101,
Marketing 101, and Economics 101 if they want to make a living. This is
the simplest issue of supply and demand...they don't even have to go to
college, they can go to WalMart, or Target, or Sears, or any store out
there, and I'm fairly sure they do since they need to eat. If the price
is right, and ***there is an identified need (read demand)***, the
product will sell. Otherwise it won't. Tell me who needs this film -
what subjects it is appropriate for, and WHY - and if it fits in my
institutions' areas of study, and I can afford it, I will buy it.  I
will NOT buy something just because it won a bunch of awards, or because
it cost so much to produce - that is the filmmaker's risk, not mine.

 

And our copyright scholar says NEVER, EVER pay extra for something that
is covered under TEACH or copyright. When you do, you are building their
case for them, which could come back to bite you in the future. Because
I like them and want to support a filmmaker is no reason to give up my
rights.

 

*End Soapbox*

 

Jennifer Foster

Media Librarian

Victoria College/University of Houston-Victoria Library

http://vcuhvlibrary.uhv.edu

 

 

 

Gary,

 

 Thanks for speaking on behalf of us librarians.

 

 I wish there were a way to educate filmmakers and film distributors
about not only the legalities, but also the realities, of pricing for
the library market.

 

 It's simple accounting: libraries can make more films accessible to
their patrons if the cost of the videos is low.  If the cost is high,
our budgets will accommodate far fewer purchases. So if a video is
expensive, it better be a stand out.

 

 It's also a matter of what the market will bear.  If libraries
continue to pay $250 for a dvd instead of $29, why wouldn't sellers ask
us for the higher price?

 

 And, yes, I've heard the song about filmmakers and distributors having
to make a living, but don't we all?  Libraries shouldn't be responsible
for subsidizing vendors; making resources available to our patrons is
what we're about.

 

 Regards,

 Janice Woo

 

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.


Re: [Videolib] Licensing issue - First Notice

2011-05-05 Thread Jessica Rosner
P.S I am going to email some of these posts to my guy who still thinks
institutions should pay more even if all his titles are on Amazon, Midwest
tape etc. Again he really means well but someone told him it was so.

On Thu, May 5, 2011 at 5:01 PM, Jessica Rosner jessicapros...@gmail.comwrote:

 Well that is whole other kettle of fish. Overseas owners can get sensitive
 about that.


 On Thu, May 5, 2011 at 4:57 PM, matthew.wri...@unlv.edu wrote:

 I had a similar email about a year ago from a filmmaker from New Zealand.
  I can no longer recall the filmmaker or the DVD.  She did not insist that
 we pay the educational price but she emailed to say that she saw the title
 in our online catalog and she was at least curious where we purchased it and
 how much we paid for it.




 Matthew Wright
 Head of Collection Development and Instructional Services
 William S. Boyd School of Law
 University of Nevada Las Vegas
 4505 Maryland Parkway, Box 451080
 Las Vegas, NV 89154-1080
 (702) 895-2409; (702) 895-2410 (fax)



 From:Bob Norris b...@filmideas.com
 To:videolib@lists.berkeley.edu
 Date:05/05/2011 01:41 PM
 Subject:Re: [Videolib] Licensing issue - First Notice
 Sent by:videolib-boun...@lists.berkeley.edu
 --



 Janice,

 I think any distributors reading this string got/are getting a good
 education. The National Media Market is currently working on the
 professional development sessions for the next conference. Copyright issues
 may be included. I'll recommend that pricing be included in the agenda if
 the session happens.

 Regards,
 Bob Norris
 Film Ideas

 On May 5, 2011, at 2:51 PM, 
 *videolib-requ...@lists.berkeley.edu*videolib-requ...@lists.berkeley.eduwrote:

  4. Re: Licensing issue - First Notice (jwoo)

 *From: *jwoo *j...@cca.edu* j...@cca.edu
 *Date: *May 5, 2011 2:51:26 PM CDT
 *To: **videolib@lists.berkeley.edu* videolib@lists.berkeley.edu
 *Cc: *RG FIlms *r...@roygermano.com* r...@roygermano.com, *
 jcon...@berkeley.edu* jcon...@berkeley.edu
 *Subject: Re: [Videolib] Licensing issue - First Notice*
 *Reply-To: **videolib@lists.berkeley.edu* videolib@lists.berkeley.edu


 Gary,

 Thanks for speaking on behalf of us librarians.

 I wish there were a way to educate filmmakers and film distributors about
 not only the legalities, but also the realities, of pricing for the library
 market.

 It's simple accounting: libraries can make more films accessible to their
 patrons if the cost of the videos is low.  If the cost is high, our budgets
 will accommodate far fewer purchases. So if a video is expensive, it better
 be a stand out.

 It's also a matter of what the market will bear.  If libraries continue to
 pay $250 for a dvd instead of $29, why wouldn't sellers ask us for the
 higher price?

 And, yes, I've heard the song about filmmakers and distributors having to
 make a living, but don't we all?  Libraries shouldn't be responsible for
 subsidizing vendors; making resources available to our patrons is what we're
 about.

 Regards,
 Janice Woo

 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.




 --
 Jessica Rosner
 Media Consultant
 224-545-3897 (cell)
 212-627-1785 (land line)
 jessicapros...@gmail.com




-- 
Jessica Rosner
Media Consultant
224-545-3897 (cell)
212-627-1785 (land line)
jessicapros...@gmail.com
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.


Re: [Videolib] Licensing issue - First Notice

2011-05-05 Thread Jessica Rosner
I don't disagree, but the problem is that two types of films or distribution
of films has gotten confused  because some sellers chose to again
have their cake and eat it too. There are many companies whose product is
geared exclusively to the academic market and frankly it is going to cost a
lot more to buy that film than  a copy of Citizen Kane. If there were tons
 of individuals or stores or streaming services out there wanting to buy a
film about the effects of Rwandan genocide on one village or the issue of
gerrymandering ( to selfishly use two films I work on) than it would be
great and everyone could get one for $20. Alas there is not such an audience
so films whose exclusive audience is the institutional market will cost
more. Teachers and librarians will obviously have to decide if the material
is worth it, but if it, is paying $200 or $300 for such a film should not be
a deal breaker. If there is a film someone is likely to use in more than one
class and or is likely to be needed in the library for research than WITHIN
reason it should be bought. If only one student needs it than it would not
be a good idea. If you don't want or need the film you do not have to buy it
but filmmakers and distributors of specialized. non fiction materal will not
be pricing titles at $20 for Amazon and if they do they have no one but
themselves to blame when an institution buys it on Amazon.

On Thu, May 5, 2011 at 5:14 PM, Foster, Jennifer fost...@uhv.edu wrote:

 **Begin Soapbox**



 Personally, I think some filmmakers/producers need Business 101, Marketing
 101, and Economics 101 if they want to make a living. This is the simplest
 issue of supply and demand…they don’t even have to go to college, they can
 go to WalMart, or Target, or Sears, or any store out there, and I’m fairly
 sure they do since they need to eat. If the price is right, and ***there is
 an identified need (read demand)***, the product will sell. Otherwise it
 won’t. Tell me who needs this film - what subjects it is appropriate for,
 and WHY – and if it fits in my institutions’ areas of study, and I can
 afford it, I will buy it.  I will NOT buy something just because it won a
 bunch of awards, or because it cost so much to produce – that is the
 filmmaker’s risk, not mine.



 And our copyright scholar says NEVER, EVER pay extra for something that is
 covered under TEACH or copyright. When you do, you are building their case
 for them, which could come back to bite you in the future. Because I like
 them and want to support a filmmaker is no reason to give up my rights.



 **End Soapbox**



 Jennifer Foster

 Media Librarian

 Victoria College/University of Houston-Victoria Library

 http://vcuhvlibrary.uhv.edu







 Gary,

 

  Thanks for speaking on behalf of us librarians.

 

  I wish there were a way to educate filmmakers and film distributors about
 not only the legalities, but also the realities, of pricing for the library
 market.

 

  It's simple accounting: libraries can make more films accessible to their
 patrons if the cost of the videos is low.  If the cost is high, our budgets
 will accommodate far fewer purchases. So if a video is expensive, it better
 be a stand out.

 

  It's also a matter of what the market will bear.  If libraries continue
 to pay $250 for a dvd instead of $29, why wouldn't sellers ask us for the
 higher price?

 

  And, yes, I've heard the song about filmmakers and distributors having to
 make a living, but don't we all?  Libraries shouldn't be responsible for
 subsidizing vendors; making resources available to our patrons is what we're
 about.

 

  Regards,

  Janice Woo



 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.




-- 
Jessica Rosner
Media Consultant
224-545-3897 (cell)
212-627-1785 (land line)
jessicapros...@gmail.com
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.


Re: [Videolib] Streaming Question

2011-05-05 Thread Susan Albrecht

Per course is not the way it is being touted now. It's any number of 
profs/courses for the time period. Or so it was explained to me. 

Susan

___
From: videolib-boun...@lists.berkeley.edu [videolib-boun...@lists.berkeley.edu] 
on behalf of ghand...@library.berkeley.edu [ghand...@library.berkeley.edu]
Sent: Thursday, May 05, 2011 4:46 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Streaming Question

...and ya gotta keep firmly in mind that Swank licenses for access by
specific courses for a specified amount of time.  I may be a voice
shrek-ing in the wildness, but I simply can't support that kind of
circumscribed/limited access by the library (at least my library).

gary


 Prohibitively expensive is just like saying impossible on my campus.  I
 just searched Swank's website and they did not have any of the titles.
 Thanks for the back up.  Coming up on ten years doing this work and I am
 now starting to think of myself as moderately knowledgeable.
 regards
 jhs


 John H. Streepy
 Media Services Supervisor
 Library-Media Circulation
 James E. Brooks Library
 Central Washington University
 400 East University Way
 Ellensburg, WA  98926-7548

 (509) 963-2861
 http://www.lib.cwu.edu/media

 Hand to hand combat just goes with the territory.
 All part of being a librarian -- James Turner Rex Libris

 Transitus profusum est nocens!




 Jessica Rosner jessicapros...@gmail.com 5/5/2011 12:44 PM 
 Depending on the film obtaining streaming rights should not be impossible
 though it could be prohibitively expensive. It really depends on the
 titles.


 On Thu, May 5, 2011 at 3:37 PM, John Streepy
 john.stre...@cwu.edu

 wrote:


 Hello all,
 I am 99.9% positive I gave a faculty member the correct response to his
 request but I thought I would verify with the CW of this august body.


 The professor is teaching an entirely online course and wants to stream a
 few full length feature films for the students. These films would only be
 accessible though a closed password encrypted system. I informed him that
 at best he could steam a clip or two (for that is protected both by fair
 use and the TEACH Act) but digitizing and streaming a full feature film
 would violate copyright. I then informed him that obtaining streaming
 rights for feature films is next to impossible. Did I give this professor
 correct information?


 thanks


 jhs

 John H. Streepy
 Media Services Supervisor
 Library-Media Circulation
 James E. Brooks Library
 Central Washington University
 400 East University Way
 Ellensburg, WA 98926-7548

 (509) 963-2861
 http://www.lib.cwu.edu/media

 Hand to hand combat just goes with the territory.
 All part of being a librarian -- James Turner Rex Libris

 Transitus profusum est nocens!






 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.





 --
 Jessica Rosner
 Media Consultant
 224-545-3897 (cell)
 212-627-1785 (land line)
 jessicapros...@gmail.com


 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.



Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley

510-643-8566
ghand...@library.berkeley.edu
http://www.lib.berkeley.edu/MRC

I have always preferred the reflection of life to life itself.
--Francois Truffaut


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.


Re: [Videolib] Challenge to using a home video instead of institutionally licensed video

2011-05-05 Thread Susan Albrecht
I don't think I was clear in my use of the word aftermarket. It's NOT the 
original film distributor selling copies through amazon, and it's not Amazon 
selling. It's 'used' dealers selling through amazon. I didn't check in this 
specific case, but just like with 'used' dealers of books selling through 
amazon's aftermarket site, sometimes the copies are listed as brand new, 
factory sealed. So that's my question. Or are you saying that if anyone is 
selling a DVD through amazon as an aftermarket dealer, they must have gotten 
the original distributor's permission?

Susan


From: videolib-boun...@lists.berkeley.edu [videolib-boun...@lists.berkeley.edu] 
on behalf of Jessica Rosner [jessicapros...@gmail.com]
Sent: Thursday, May 05, 2011 4:01 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Challenge to using a home video instead of 
institutionally licensed video

Susan
The seller can either control it completely in which case there is no 
aftermarket or they choose to allow secondary sellers in which case they not 
maintain the tiered pricing. Most of the folks I work with are currently only 
selling to institutions. The soonest they would even think of a retail version 
is 18 monthts to two years and even them no certainty. Basically they simply 
can't afford to sell the home market though there would be some interest in 
their films. Selling 200 copies and getting back $15-$20 per copy would never 
cover the expenses and they made some really good films. Films where the 
majority of audience/use is academic are best sticking to institutional only 
sales.

On Thu, May 5, 2011 at 3:46 PM, Susan Albrecht 
albre...@wabash.edumailto:albre...@wabash.edu wrote:
Jessica said:
One last thing. I have mentioned this before but for whatever it is worth there 
are a lot of filmmakers and distributors who sincerely believe there is 
something called  institutional video and that schools and libraries must pay 
more than individuals. I actually have one I am dealing with myself and nothing 
I do including sending a copy of the copyright law will convince him otherwise, 
because he was told this by another sales rep and this case it is titles widely 
available through pretty much any standard wholesaler/ retailer.


Susan:
I think this is sometimes true.  A few months ago, I had a similar experience 
with someone pretty new to the film distribution world.  I ordered a copy of a 
DVD the very first moment I could get my hands on it, and at that time, what 
was available was a $30 home-use DVD.  I didn’t really need PPR and so I didn’t 
worry about it, just bought it.  A few MONTHS later, I received an email from 
someone at the company, which contained an invoice for the “institutional” 
price, along with commentary similar to what a number of you received in this 
case.

I ended up having a bit of an email exchange and then a very nice phone 
conversation with the woman, followed by more emails, in which I explained why 
I didn’t think she really had a leg to stand on and in which we discussed 
tiered pricing, PPR, secondary sellers such as Amazon  Midwest Tape, etc.  I 
had fallen in love with the film [Pelada, btw] and had decided I was willing to 
pay the difference between the home use and the institutional simply because I 
supported what these young folks were doing with their project, but I also 
‘warned’ her that she had better be prepared for others she was contacting to 
NOT be as friendly NOR as willing to pay the cost difference.  She had really 
not been very informed about this stuff and was quite happy to discuss it.  I 
honestly don’t know how much trouble she eventually ran into with others.

Now, to throw in another wrinkle.  When I bought, it was available only from 
the filmmakers (who really should’ve had home use  institutional sales 
prepared to go simultaneously).  To my knowledge, the home use was never 
available through any secondary source.  So let’s say they had done it right 
and, from the beginning, had had tiered pricing and were the exclusive 
distributor.  What happens once *aftermarket* sellers begin offering up copies 
through a site like Amazon?  It isn’t Amazon directly selling it.  Anyone care 
to take that one on in terms of institutional obligations??

Susan


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.




--
Jessica Rosner
Media Consultant
224-545-3897 (cell)
212-627-1785 (land line)
jessicapros...@gmail.commailto:jessicapros...@gmail.com


VIDEOLIB is intended to encourage the broad and lively discussion of issues 

Re: [Videolib] Challenge to using a home video instead of institutionally licensed video

2011-05-05 Thread Jessica Rosner
OK I am totally confused. Did the original seller/owner sell home use copies
and was this one supposedly used. The question would be
if the seller had literally signed off ( as in the proverbial I agree to
these terms) when they bought it, in that case the original company could
take action against them and have some reasonable claim that it was not a
legal copy, though few places do that.

The mystery is where did the copy come from and under what terms.

On Thu, May 5, 2011 at 5:56 PM, Susan Albrecht albre...@wabash.edu wrote:

 I don't think I was clear in my use of the word aftermarket. It's NOT the
 original film distributor selling copies through amazon, and it's not Amazon
 selling. It's 'used' dealers selling through amazon. I didn't check in this
 specific case, but just like with 'used' dealers of books selling through
 amazon's aftermarket site, sometimes the copies are listed as brand new,
 factory sealed. So that's my question. Or are you saying that if anyone is
 selling a DVD through amazon as an aftermarket dealer, they must have gotten
 the original distributor's permission?

 Susan

 
 From: videolib-boun...@lists.berkeley.edu [
 videolib-boun...@lists.berkeley.edu] on behalf of Jessica Rosner [
 jessicapros...@gmail.com]
 Sent: Thursday, May 05, 2011 4:01 PM
 To: videolib@lists.berkeley.edu
 Subject: Re: [Videolib] Challenge to using a home video instead of
 institutionally licensed video

 Susan
 The seller can either control it completely in which case there is no
 aftermarket or they choose to allow secondary sellers in which case they not
 maintain the tiered pricing. Most of the folks I work with are currently
 only selling to institutions. The soonest they would even think of a retail
 version is 18 monthts to two years and even them no certainty. Basically
 they simply can't afford to sell the home market though there would be some
 interest in their films. Selling 200 copies and getting back $15-$20 per
 copy would never cover the expenses and they made some really good films.
 Films where the majority of audience/use is academic are best sticking to
 institutional only sales.

 On Thu, May 5, 2011 at 3:46 PM, Susan Albrecht albre...@wabash.edu
 mailto:albre...@wabash.edu wrote:
 Jessica said:
 One last thing. I have mentioned this before but for whatever it is worth
 there are a lot of filmmakers and distributors who sincerely believe there
 is something called  institutional video and that schools and libraries
 must pay more than individuals. I actually have one I am dealing with myself
 and nothing I do including sending a copy of the copyright law will convince
 him otherwise, because he was told this by another sales rep and this case
 it is titles widely available through pretty much any standard wholesaler/
 retailer.


 Susan:
 I think this is sometimes true.  A few months ago, I had a similar
 experience with someone pretty new to the film distribution world.  I
 ordered a copy of a DVD the very first moment I could get my hands on it,
 and at that time, what was available was a $30 home-use DVD.  I didn’t
 really need PPR and so I didn’t worry about it, just bought it.  A few
 MONTHS later, I received an email from someone at the company, which
 contained an invoice for the “institutional” price, along with commentary
 similar to what a number of you received in this case.

 I ended up having a bit of an email exchange and then a very nice phone
 conversation with the woman, followed by more emails, in which I explained
 why I didn’t think she really had a leg to stand on and in which we
 discussed tiered pricing, PPR, secondary sellers such as Amazon  Midwest
 Tape, etc.  I had fallen in love with the film [Pelada, btw] and had decided
 I was willing to pay the difference between the home use and the
 institutional simply because I supported what these young folks were doing
 with their project, but I also ‘warned’ her that she had better be prepared
 for others she was contacting to NOT be as friendly NOR as willing to pay
 the cost difference.  She had really not been very informed about this stuff
 and was quite happy to discuss it.  I honestly don’t know how much trouble
 she eventually ran into with others.

 Now, to throw in another wrinkle.  When I bought, it was available only
 from the filmmakers (who really should’ve had home use  institutional sales
 prepared to go simultaneously).  To my knowledge, the home use was never
 available through any secondary source.  So let’s say they had done it right
 and, from the beginning, had had tiered pricing and were the exclusive
 distributor.  What happens once *aftermarket* sellers begin offering up
 copies through a site like Amazon?  It isn’t Amazon directly selling it.
  Anyone care to take that one on in terms of institutional obligations??

 Susan


 VIDEOLIB is intended to encourage the broad and lively discussion of issues
 relating to the selection, evaluation, 

Re: [Videolib] Off air record question

2011-05-05 Thread ghandman
Nope

The instructor can off-air tape and use in class (Kastenmeier is stupidly
restrictive...45 days, I think, but remember, these are guidelines, not
law)...but keeping the thing around for the long-haul (in a library
collection, say) is probably skating on thin ice.

gary handman



 Hi all,

 I've had a request from an administrator to record a short portion of a
 two hour national morning talk show. Our university participated in a
 study that is going to be reported on during a 10 minute segment of the
 show. The administrator doesn't have a specific use in mind for it, she
 just thinks it would be beneficial to have as a record.

 So, does this fall under Kastenmeier? I always had the impression this
 guideline covered more in class teaching related uses, plus the 10day/45
 day rules don't help me out much here.  Is there a legally acceptable way
 for the library to record a segment of this program and keep it
 indefinitely? Possibly even restricted to in-house use?

 Thanks,
 Kim


 Kim Stanton
 Head, Media Library
 University of North Texas
 kim.stan...@unt.edu
 P: (940) 565-4832
 F: (940) 369-7396

 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.



Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley

510-643-8566
ghand...@library.berkeley.edu
http://www.lib.berkeley.edu/MRC

I have always preferred the reflection of life to life itself.
--Francois Truffaut


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.


Re: [Videolib] Tiered pricing on amazon.com

2011-05-05 Thread ghandman
Yeah...interestingly we've had a few orders bounced back from amazon as
requiring institutional prices...these are generally titles that amazon is
brokering via amazon marketplace, rather than stuff sold by amazon itself.

gary handman


 Hi all,

 Just spotted tiered pricing on these DVDs at amazon.com:

 What Price Clean Air

 Chuck Close: A Portrait in Progress

 David Weissman's Short Stuff

 Little Moth (Xue Chan)

 Nelson Mandela: Free at Last

 Taoism

 and a few others (search on Institutional Use. So a vendor can put
 in multiple prices on Amazon; if the vendor does not, how can they
 argue that you should have paid more?


 Brigid Duffy
 Academic Technology
 San Francisco State University
 San Francisco, CA  94132-4200
 E-mail: bdu...@sfsu.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.



Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley

510-643-8566
ghand...@library.berkeley.edu
http://www.lib.berkeley.edu/MRC

I have always preferred the reflection of life to life itself.
--Francois Truffaut


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.


Re: [Videolib] Tiered pricing on amazon.com

2011-05-05 Thread Jessica Rosner
I know they have been actively goind after some educational titles. I just
don't see how you control this on Amazon or any secondary seller.

On Thu, May 5, 2011 at 6:13 PM, ghand...@library.berkeley.edu wrote:

 Yeah...interestingly we've had a few orders bounced back from amazon as
 requiring institutional prices...these are generally titles that amazon is
 brokering via amazon marketplace, rather than stuff sold by amazon itself.

 gary handman


  Hi all,
 
  Just spotted tiered pricing on these DVDs at amazon.com:
 
  What Price Clean Air
 
  Chuck Close: A Portrait in Progress
 
  David Weissman's Short Stuff
 
  Little Moth (Xue Chan)
 
  Nelson Mandela: Free at Last
 
  Taoism
 
  and a few others (search on Institutional Use. So a vendor can put
  in multiple prices on Amazon; if the vendor does not, how can they
  argue that you should have paid more?
 
 
  Brigid Duffy
  Academic Technology
  San Francisco State University
  San Francisco, CA  94132-4200
  E-mail: bdu...@sfsu.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.
 


 Gary Handman
 Director
 Media Resources Center
 Moffitt Library
 UC Berkeley

 510-643-8566
 ghand...@library.berkeley.edu
 http://www.lib.berkeley.edu/MRC

 I have always preferred the reflection of life to life itself.
 --Francois Truffaut


 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.




-- 
Jessica Rosner
Media Consultant
224-545-3897 (cell)
212-627-1785 (land line)
jessicapros...@gmail.com
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.


Re: [Videolib] Tiered pricing on amazon.com

2011-05-05 Thread ghandman
In amazon marketplace, the order is fulfilled by a third-party vendor
(i.e. the distributor of the film)  not by amazon directly.  So, when the
order hits, the distributor rejects it if they're charging institutional
prices and you're trying to buy it cheap.


 I know they have been actively goind after some educational titles. I just
 don't see how you control this on Amazon or any secondary seller.

 On Thu, May 5, 2011 at 6:13 PM, ghand...@library.berkeley.edu wrote:

 Yeah...interestingly we've had a few orders bounced back from amazon as
 requiring institutional prices...these are generally titles that amazon
 is
 brokering via amazon marketplace, rather than stuff sold by amazon
 itself.

 gary handman


  Hi all,
 
  Just spotted tiered pricing on these DVDs at amazon.com:
 
  What Price Clean Air
 
  Chuck Close: A Portrait in Progress
 
  David Weissman's Short Stuff
 
  Little Moth (Xue Chan)
 
  Nelson Mandela: Free at Last
 
  Taoism
 
  and a few others (search on Institutional Use. So a vendor can put
  in multiple prices on Amazon; if the vendor does not, how can they
  argue that you should have paid more?
 
 
  Brigid Duffy
  Academic Technology
  San Francisco State University
  San Francisco, CA  94132-4200
  E-mail: bdu...@sfsu.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.
 


 Gary Handman
 Director
 Media Resources Center
 Moffitt Library
 UC Berkeley

 510-643-8566
 ghand...@library.berkeley.edu
 http://www.lib.berkeley.edu/MRC

 I have always preferred the reflection of life to life itself.
 --Francois Truffaut


 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.




 --
 Jessica Rosner
 Media Consultant
 224-545-3897 (cell)
 212-627-1785 (land line)
 jessicapros...@gmail.com
 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.



Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley

510-643-8566
ghand...@library.berkeley.edu
http://www.lib.berkeley.edu/MRC

I have always preferred the reflection of life to life itself.
--Francois Truffaut


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.


Re: [Videolib] Off air record question

2011-05-05 Thread Mandel, Debra
Hi-

You cannot off-air record and retain indefinitely.  Contact the talk show and 
purchase it if they are selling it.  That way it can be added to the collection 
legitimately or retained in archives. Perhaps they would even sell you a 
digital copy.  Hopefully they will sell it cheaply. Or tell them  how much you 
love their show and they may even give you just the clip you want.

Debra Mandel
Head,
Digital Media Deign Studio
Northeastern University Libraries
Boston, MA 02115

From: videolib-boun...@lists.berkeley.edu [videolib-boun...@lists.berkeley.edu] 
On Behalf Of Stanton, Kim [kim.stan...@unt.edu]
Sent: Thursday, May 05, 2011 5:03 PM
To: videolib@lists.berkeley.edu
Subject: [Videolib] Off air record question

Hi all,

I’ve had a request from an administrator to record a short portion of a two 
hour national morning talk show. Our university participated in a study that is 
going to be reported on during a 10 minute segment of the show. The 
administrator doesn’t have a specific use in mind for it, she just thinks it 
would be beneficial to have as a record.

So, does this fall under Kastenmeier? I always had the impression this 
guideline covered more in class teaching related uses, plus the 10day/45 day 
rules don’t help me out much here.  Is there a legally acceptable way for the 
library to record a segment of this program and keep it indefinitely? Possibly 
even restricted to in-house use?

Thanks,
Kim


Kim Stanton
Head, Media Library
University of North Texas
kim.stan...@unt.edu
P: (940) 565-4832
F: (940) 369-7396


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.