Re: [Videolib] Humor? DVD Licensing

2012-12-17 Thread Bergman, Barbara J
Follow-up: I talked with the filmmaker and clarified their intentions. All is 
good now. As I suspected, they just really haven't done DVD sales to libraries 
before.
~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] Humor? DVD Licensing

2012-12-17 Thread Jessica Rosner
I kind of suspected that too. The language was kind of like a mixed up cut
and paste. Glad it worked out.

On Mon, Dec 17, 2012 at 5:29 PM, Bergman, Barbara J 
barbara.berg...@mnsu.edu wrote:

  Follow-up: I talked with the filmmaker and clarified their intentions.
 All is good now. As I suspected, they just really haven’t done DVD sales to
 libraries before.

 ~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] Humor? DVD Licensing

2012-12-17 Thread Sarah E. McCleskey
Barb, were they willing to alter the license terms?

Sent from my iPad

On Dec 17, 2012, at 5:38 PM, Bergman, Barbara J 
barbara.berg...@mnsu.edumailto:barbara.berg...@mnsu.edu wrote:

Follow-up: I talked with the filmmaker and clarified their intentions. All is 
good now. As I suspected, they just really haven’t done DVD sales to libraries 
before.
~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] Humor? DVD Licensing

2012-12-14 Thread Meghann Matwichuk
Aaaand I think we're all about to get more requests for this title -- 
looks like they have a good publicity push behind the film:


http://www.slate.com/blogs/xx_factor/2012/12/14/sexy_baby_a_new_documentary_explores_sex_and_the_internet.html

I've found that one of the more challenging parts of my job can be to 
get an instructor to shift focus once they've decided on a film. If they 
get a title in their head, they tend to want that and only that -- even 
if there are equal or even better alternatives.   I'm hoping that after 
this independent distributor starts to hear from more and more potential 
customers explaining why these terms make no sense and they can't buy 
the dvd, they'll revise them.


Best,

*
Meghann Matwichuk, M.S.
Associate Librarian
Film and Video Collection Department
Morris Library, University of Delaware
181 S. College Ave.
Newark, DE 19717
(302) 831-1475
http://www.lib.udel.edu/filmandvideo


On 12/13/2012 6:25 PM, Bergman, Barbara J wrote:

Title and its content wasn't my point. The film was requested by the Women's 
Center because they'll like to do a campus screening. I've warned her that they 
may need to pick something else.

I'm guessing filmmaker is trying to do everything independently instead of 
going through one of our fine distributors and they doesn't understand that 
library DVD sales are different than theatrical distribution. We'll see...
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] Humor? DVD Licensing

2012-12-13 Thread Jessica Rosner
Not a lot of sales with those restrictions.
 #2 and 3 are  bizarre mishmosh of various uses.

Also are they selling this title retail or through third party vendors to
individuals? As I posted many times they can restrict a sale by contract
but they can't do it after the fact or reduce rights otherwise acceptable
under 209  210 unless they make it explicit at point of sale and control
all sales.

I assume you are taking a pass.

On Thu, Dec 13, 2012 at 4:21 PM, Bergman, Barbara J 
barbara.berg...@mnsu.edu wrote:

 Yes, these are the exact words found on the website for a newly released
 DVD. After generously (sarcasm font) granting me classroom screening
 rights, they un-grant PPR in bullet 3, and forbid library lending in bullet
 4. This is me beating head on desk before contacting them to talk about
 sections 109  110 and normal acceptable terms of sale.

 1. The institutional price comes with the license to screen the film for
 audiences, unlike a home video fee which only includes the license to watch
 the film in your home.

 2. Purchase effectively means lease for the life of the DVD. Price
 includes public performance rights for classroom, organizational, or
 library use by the acquiring institution for non-paying audiences only.

 3. Any screenings that are open to the public or where admission is
 charged will result in additional rental fees. Please specify on the order
 form if this applies.

 4. DVD must not leave custody of the licensor, no lending out (from
 library location or otherwise), absolutely no copying.

 5. Proof of institute status required.


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

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] Humor? DVD Licensing

2012-12-13 Thread Sarah E. McCleskey
Barb I'm so glad you posted this. Last week I returned a DVD for a refund after 
seeing the licensing terms. The vendor was really unhappy and didn't want to 
give me a refund but thank goodness it worked out. Are people just randomly 
making up their terms??? I think yes.

Sarah

Sent from my iPad

On Dec 13, 2012, at 4:43 PM, Jessica Rosner 
maddux2...@gmail.commailto:maddux2...@gmail.com wrote:

Not a lot of sales with those restrictions.
 #2 and 3 are  bizarre mishmosh of various uses.

Also are they selling this title retail or through third party vendors to 
individuals? As I posted many times they can restrict a sale by contract but 
they can't do it after the fact or reduce rights otherwise acceptable under 209 
 210 unless they make it explicit at point of sale and control all sales.

I assume you are taking a pass.

On Thu, Dec 13, 2012 at 4:21 PM, Bergman, Barbara J 
barbara.berg...@mnsu.edumailto:barbara.berg...@mnsu.edu wrote:
Yes, these are the exact words found on the website for a newly released DVD. 
After generously (sarcasm font) granting me classroom screening rights, they 
un-grant PPR in bullet 3, and forbid library lending in bullet 4. This is me 
beating head on desk before contacting them to talk about sections 109  110 
and normal acceptable terms of sale.

1. The institutional price comes with the license to screen the film for 
audiences, unlike a home video fee which only includes the license to watch the 
film in your home.

2. Purchase effectively means lease for the life of the DVD. Price includes 
public performance rights for classroom, organizational, or library use by the 
acquiring institution for non-paying audiences only.

3. Any screenings that are open to the public or where admission is charged 
will result in additional rental fees. Please specify on the order form if this 
applies.

4. DVD must not leave custody of the licensor, no lending out (from library 
location or otherwise), absolutely no copying.

5. Proof of institute status required.


Barb Bergman | Media Services  Interlibrary Loan Librarian | Minnesota State 
University, Mankato | (507) 389-5945tel:%28507%29%20389-5945 | 
barbara.berg...@mnsu.edumailto:barbara.berg...@mnsu.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.

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] Humor? DVD Licensing

2012-12-13 Thread Jessica Rosner
Slightly OT Sarah but years ago I produced a DVD series of silent films by
women directors (I hope you all have a copy) and it was about the only Kino
title that you could NOT buy retail or through a third party ( an
experiment of sorts) Anyway I sold a copy to a state school in CA and they
insisted before they would pay for it that I sign a statement affirming
Kino was a drug free environment I refused on civil liberties grounds
that it was absurd, what next I sign a statement affirming it was a rape
and murder free environment? So I told them to return it if they could not
pay. The librarian actually threatened to report me to state authorities (
as this was some rule of theirs) and get Kino cut off from sales to CA
institutions but she did pay and I never signed the form.

On Thu, Dec 13, 2012 at 5:03 PM, Sarah E. McCleskey 
sarah.e.mccles...@hofstra.edu wrote:

  Barb I'm so glad you posted this. Last week I returned a DVD for a
 refund after seeing the licensing terms. The vendor was really unhappy and
 didn't want to give me a refund but thank goodness it worked out. Are
 people just randomly making up their terms??? I think yes.

  Sarah

 Sent from my iPad

 On Dec 13, 2012, at 4:43 PM, Jessica Rosner maddux2...@gmail.com
 wrote:

  Not a lot of sales with those restrictions.
  #2 and 3 are  bizarre mishmosh of various uses.

 Also are they selling this title retail or through third party vendors to
 individuals? As I posted many times they can restrict a sale by contract
 but they can't do it after the fact or reduce rights otherwise acceptable
 under 209  210 unless they make it explicit at point of sale and control
 all sales.

 I assume you are taking a pass.

 On Thu, Dec 13, 2012 at 4:21 PM, Bergman, Barbara J 
 barbara.berg...@mnsu.edu wrote:

 Yes, these are the exact words found on the website for a newly released
 DVD. After generously (sarcasm font) granting me classroom screening
 rights, they un-grant PPR in bullet 3, and forbid library lending in bullet
 4. This is me beating head on desk before contacting them to talk about
 sections 109  110 and normal acceptable terms of sale.

 1. The institutional price comes with the license to screen the film for
 audiences, unlike a home video fee which only includes the license to watch
 the film in your home.

 2. Purchase effectively means lease for the life of the DVD. Price
 includes public performance rights for classroom, organizational, or
 library use by the acquiring institution for non-paying audiences only.

 3. Any screenings that are open to the public or where admission is
 charged will result in additional rental fees. Please specify on the order
 form if this applies.

 4. DVD must not leave custody of the licensor, no lending out (from
 library location or otherwise), absolutely no copying.

 5. Proof of institute status required.


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


   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, as well as a channel of communication 
between libraries,educational institutions, and video producers and 
distributors.


Re: [Videolib] Humor? DVD Licensing

2012-12-13 Thread Deg Farrelly
Though Barbara doesn't mention the title of the video, pasting the license
terms into Google quickly returned the link to the vendor.

My immediate reactionŠ. What is there in this film that is not already
covered in a number of other videos, particularly the Media Education
Foundation titles Sext up Kids and Price of Pleasure or the CBC title also
distributed by FMG:  Buying into Sexy.

Not questioning Barb on the selection of the titleŠ I think it's
interesting too.  But if distributors make it too difficult for usŠ. Often
there is comparable alternative content available.

-deg

deg farrelly, Media Librarian
Arizona State University Libraries
Hayden Library C1H1
P.O. Box 871006
Tempe, Arizona  85287-1006
Phone:  602.332.3103






On 12/13/12 3:14 PM, videolib-requ...@lists.berkeley.edu
videolib-requ...@lists.berkeley.edu wrote:


Yes, these are the exact words found on the website for a newly released
DVD. After generously (sarcasm font) granting me classroom screening
rights, they un-grant PPR in bullet 3, and forbid library lending in
bullet 4. This is me beating head on desk before contacting them to talk
about sections 109  110 and normal acceptable terms of sale.


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] Humor? DVD Licensing

2012-12-13 Thread Bergman, Barbara J
Title and its content wasn't my point. The film was requested by the Women's 
Center because they'll like to do a campus screening. I've warned her that they 
may need to pick something else. 

I'm guessing filmmaker is trying to do everything independently instead of 
going through one of our fine distributors and they doesn't understand that 
library DVD sales are different than theatrical distribution. We'll see...
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] Humor? DVD Licensing

2012-12-13 Thread Jessica Rosner
Now I am a bit more confused. The director was not willing to sell you a
copy with REAL PPR rights for a reasonable fee? What fee did they want
for purchase with rights to show on campus or did they have one?

On Thu, Dec 13, 2012 at 6:25 PM, Bergman, Barbara J 
barbara.berg...@mnsu.edu wrote:

 Title and its content wasn't my point. The film was requested by the
 Women's Center because they'll like to do a campus screening. I've warned
 her that they may need to pick something else.

 I'm guessing filmmaker is trying to do everything independently instead of
 going through one of our fine distributors and they doesn't understand that
 library DVD sales are different than theatrical distribution. We'll see...
 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.