To find out why our invoices state "lease for life of disc," I
circulated a note among our film maker members. Some who have been
around for a while reported that this language dates back to
the days of VHS. The intent is to make it clear that the ownership of
the material lasts only as long as the physical medium lasts. It's not
something that most of us New Day film makers
have spent a lot of time thinking about -- there's no nefarious or
complex reason for the language. Our policy is to replace DVDs that
wear out for half price, although I'm sure some
film makers would do it for less.
Peter Cohn
New Day/Hillcrest Films
On 5/13/2010 4:53 PM, Brewer, Michael wrote:
You may be right, Jessica. 108 talks about things in library
collections, but not ownership. Perhaps this is because some special
collections materials may be on loan or not really owned by them, just
housed there.
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 1:27 PM
*To:* [email protected]
*Subject:* Re: [Videolib] DVD invoice with "lease" in the description
Well 108 would not be in effect so long as the title remained in print
with or without the language.
On Thu, May 13, 2010 at 4:15 PM, Brewer, Michael
<[email protected] <mailto:[email protected]>>
wrote:
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]>
[mailto:[email protected]
<mailto:[email protected]>] *On Behalf Of *Jessica
Rosner
*Sent:* Thursday, May 13, 2010 12:53 PM
*To:* [email protected] <mailto:[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 1^st Sale
Doctrine to check out the DVDs and perhaps later sell them in our used
book sale?
TIA for your insight,
Deborah
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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.
