I am not so sure. Because it is not defined, I don't know how enforceable it is, but "lease" implies that this disc does not belong to the library, but is just sort of on loan until it is lost, stolen, worn out, whatever. As such, they could set the terms of use, since first sale would, technically, not be in effect. They have not set any particular terms, but they could. 108, as Jessica notes, would also not be in effect, since the disc was never "owned" by the library. I think this is pretty screwy. If they put this kind of wording on an invoice, they should at least tell you how you are to understand it so that you have some ability to either refuse, or modify your use of the title in accordance with their terms.
mb Michael Brewer Team Leader for Instructional Services University of Arizona Library [email protected]<mailto:[email protected]> From: [email protected] [mailto:[email protected]] On Behalf Of Jessica Rosner Sent: Thursday, May 13, 2010 12:53 PM To: [email protected] Subject: Re: [Videolib] DVD invoice with "lease" in the description I don't see any restriction beyond a subtle reminder that you can't make a copy. I think the language is only protecting the seller from the buyer making a copy should the sale copy become damaged/ lost. It certainly would not restrict your ability to check out the film or even sell it. Jessica On Thu, May 13, 2010 at 3:19 PM, Deborah Thompson <[email protected]<mailto:[email protected]>> wrote: Hello everyone. I am new to the list, so my apologies if you have discussed this question recently. We have recently ordered three DVDs from New Day Films. They have arrived with an invoice that reads "Lease for the life of the disc". Would accepting this language negate our rights under the 1st Sale Doctrine to check out the DVDs and perhaps later sell them in our used book sale? TIA for your insight, Deborah **Bronze+Blue=Green** The University of Central Oklahoma is Bronze, Blue, and Green! Please print this e-mail only if absolutely necessary! **CONFIDENTIALITY** -This e-mail (including any attachments) may contain confidential, proprietary and privileged information. Any unauthorized disclosure or use of this information is prohibited. 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.
