Re: [Videolib] Donation of DVDs and Publishers

2014-07-24 Thread Moshiri, Farhad
Thanks Jessica. The publisher does not give any explanation. Their website have 
multiple pricing and just says Educational/Library and describes it as for 
classroom use. No mention of the law.



Farhad Moshiri, MLS
Post-Masters Advanced Study Certificate
Audiovisual  Music Librarian
University of the Incarnate Word
4301 Broadway - CPO 297
San Antonio, TX 78209
210-829-3842


From: videolib-boun...@lists.berkeley.edu [videolib-boun...@lists.berkeley.edu] 
On Behalf Of Jessica Rosner [maddux2...@gmail.com]
Sent: Thursday, July 24, 2014 11:26 AM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Donation of DVDs and Publishers

I think it would depend on a few things. In theory a publisher/ distributor can 
require certain terms to be met in order to buy a film but they would pretty 
much have to either be spelled out in a signed contract or at least have one of 
those  I have read and agreed to these conditions kind of check out. It is 
clearly not illegal to use a legal copy in a classroom but the prof MAY be 
violating a contract and though I can't see it happening a distributor could 
ask for the copy back claiming it was illegally obtained.

I assume that the title is sold only directly by the publisher and not through 
third parties as that would pretty much negate any ability to enforce a 
contract. Just out of curiosity does the publishers site allege that 
institutions must obtain rights to use in classroom as  a matter of law or just 
have multiple prices without that detail.

I will leave the ethics side to you but I think in general that once a title is 
sold to individuals the cat is out of the bag.


On Thu, Jul 24, 2014 at 11:31 AM, Moshiri, Farhad 
mosh...@uiwtx.edumailto:mosh...@uiwtx.edu wrote:
Dear all,

I've noticed in recent years there were discussions about some vendors asking 
libraries to purchase DVDs with license for face-to-face classroom use. We all 
know this is an arbitrary requirement not in the copyright law.

One of our faculty asked me to purchase a DVD that falls into this dilemma. 
When I told her that the publisher is asking us to purchase the DVD with 
educational licensing for classroom use, she told me what about I purchase it 
as an individual and donate it to the library?

My question is that will the library have any legal problem if it accepts the 
donation and add the DVD to its collection and circulate it for home or 
face-to-face classroom viewing?

Thanks.

Farhad Moshiri, MLS
Post-Masters Advanced Study Certificate
Audiovisual  Music Librarian
University of the Incarnate Word
4301 Broadway - CPO 297
San Antonio, TX 78209
210-829-3842tel:210-829-3842


This email and any files transmitted with it may be confidential or contain 
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attachments is strictly prohibited. If you have received this email in error, 
please immediately delete the email and any attachments from your system and 
notify the sender. Any other use of this e-mail is prohibited. Thank you for 
your compliance.

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] Donation of DVDs and Publishers

2014-07-24 Thread Jessica Rosner
Well I give them credit for that. I understand why the multiple pricing is
done but I think the only way it can work is if publisher insists on clear
contract which could take the form of a   I have read and agreed to these
conditions type check out. I just don't think most do that.


On Thu, Jul 24, 2014 at 12:47 PM, Moshiri, Farhad mosh...@uiwtx.edu wrote:

  Thanks Jessica. The publisher does not give any explanation. Their
 website have multiple pricing and just says Educational/Library and
 describes it as for classroom use. No mention of the law.



  Farhad Moshiri, MLS
 Post-Masters Advanced Study Certificate
 Audiovisual  Music Librarian
 University of the Incarnate Word
 4301 Broadway - CPO 297
 San Antonio, TX 78209
 210-829-3842

  --
 *From:* videolib-boun...@lists.berkeley.edu [
 videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner [
 maddux2...@gmail.com]
 *Sent:* Thursday, July 24, 2014 11:26 AM
 *To:* videolib@lists.berkeley.edu
 *Subject:* Re: [Videolib] Donation of DVDs and Publishers

   I think it would depend on a few things. In theory a publisher/
 distributor can require certain terms to be met in order to buy a film but
 they would pretty much have to either be spelled out in a signed contract
 or at least have one of those  I have read and agreed to these conditions
 kind of check out. It is clearly not illegal to use a legal copy in a
 classroom but the prof MAY be violating a contract and though I can't see
 it happening a distributor could ask for the copy back claiming it was
 illegally obtained.

  I assume that the title is sold only directly by the publisher and not
 through third parties as that would pretty much negate any ability to
 enforce a contract. Just out of curiosity does the publishers site allege
 that institutions must obtain rights to use in classroom as  a matter of
 law or just have multiple prices without that detail.

  I will leave the ethics side to you but I think in general that once a
 title is sold to individuals the cat is out of the bag.


 On Thu, Jul 24, 2014 at 11:31 AM, Moshiri, Farhad mosh...@uiwtx.edu
 wrote:

   Dear all,

 I've noticed in recent years there were discussions about some vendors
 asking libraries to purchase DVDs with license for face-to-face classroom
 use. We all know this is an arbitrary requirement not in the copyright law.

 One of our faculty asked me to purchase a DVD that falls into this
 dilemma. When I told her that the publisher is asking us to purchase the
 DVD with educational licensing for classroom use, she told me what about I
 purchase it as an individual and donate it to the library?

 My question is that will the library have any legal problem if it accepts
 the donation and add the DVD to its collection and circulate it for home or
 face-to-face classroom viewing?

 Thanks.

 Farhad Moshiri, MLS
 Post-Masters Advanced Study Certificate
 Audiovisual  Music Librarian
 University of the Incarnate Word
 4301 Broadway - CPO 297
 San Antonio, TX 78209
 210-829-3842

 --
 This email and any files transmitted with it may be confidential or
 contain privileged information and are intended solely for the use of the
 individual or entity to which they are addressed. If you are not the
 intended recipient, please be advised that you have received this email in
 error and that any use, dissemination, forwarding, printing, or copying of
 this email and any attachments is strictly prohibited. If you have received
 this email in error, please immediately delete the email and any
 attachments from your system and notify the sender. Any other use of this
 e-mail is prohibited. Thank you for your compliance.

 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 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