I think he should find you that court case because it is NUTS. Nothing in copyright law would limit the distribution of a legal copy. The right of first sale allows the purchaser to use the item in any legal way including renting it, circulating it or leaving it on reserve. The only way to supersede that would be by contract and I have a hard time imagining a company requiring a borrow NOT to put an item on reserve as a term of sale , but I suppose it is theoretically possible.
Anyway ask him for a link to the case. On Fri, May 14, 2010 at 11:36 AM, Moshiri, Farhad <[email protected]> wrote: > This is getting more interesting. My colleague says there has been court > cases in which the copyright holder claimed that by keeping the book (or > DVD) constantly on reserve and making it available all the time, the library > is somehow preventing the faculty and the students to buy it and so damaging > the potential market for the item and the court has sided with the copyright > holder! The reasoning is that if the item is on regular circulating shelf, > one person checks it out and others will be encouraged to buy the item. I > haven't heard of such a case before. Maybe there has been cases about the > textbooks. But audiovisual materials on reserve are usually supplemental > materials with the exception of film studies courses, of course. What do you > think? > > Farhad > > ________________________________________ > From: [email protected] [ > [email protected]] On Behalf Of > [email protected] [[email protected]] > Sent: Thursday, May 13, 2010 1:15 PM > To: [email protected] > Subject: Re: [Videolib] Copyright & Reserves > > None of what your colleagues has told you is true. I think he or she is > definitely confusing this stuff with photoduplicated print reserve > materials. The First Sale doctrine of the copyright law allows you to do > whatever you damn want with legally acquired copies of DVDs (including, > unlimited loan, resale, rental...) > > gary handman > > > > > One of my colleagues told me in order to keep a DVD (or a book) on course > > reserves for consecutive semesters we need to get copyright holder's > > permission. I know this is true about copies of journal articles or > > chapters of books. But this is about the legally purchased DVDs or books > > in the library collection. Is this true? > > > > Farhad Moshiri > > AV Librarian > > University of the Incarnate Word > > San Antonio, TX > > > > ________________________________ > > 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. > > > > > Gary Handman > Director > Media Resources Center > Moffitt Library > UC Berkeley > > 510-643-8566 > [email protected] > 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. > > 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.
