Actually I think it is more a case of contract law than any copyright/ "first sale" issue. In order to get the DVD or stream from Netflix, the library ( or someone on their behalf) agreed to a set of terms that may indeed be MORE restrictive than regular copyright rules. First Sale basically means that once an owner sells an item he can't control or restrict any LEGAL use of it such as rental of the legal copy to another party for private ( or face to face teaching) use. Needless to say things like copying, streaming, showing to an audience would all be copyright violations without permission of the rights holder. My guess is that Netflix sets up those restrictions as a term of use in order not to upset the relationship they have with rights holders and they are well within their rights to set up these restrictions but is by contract.
On Tue, Sep 21, 2010 at 5:06 PM, <[email protected]> wrote: > First Sale has to do with commercial property transfer exclusively, I > think. In other words, it has to do with the rights of legal buyers. The > NetFlix transaction is a rental--a temporary "lease"?--and is, I would > imagine, a different can o' worms. But then again, I'm in no way > positive. > > gary > > > > One thing that comes to mind for me that hasn't come up in any of this > > discussion (which makes me wonder if I'm off base) is the issue of the > > first sale doctrine, which is what allows libraries to lend all that we > > lend. Borrowing dvds from Netflix would not confer this right, correct? > > Thereby making it rather clearly illegal. > > > > Am I thinking up the wrong tree (to butcher a metaphor)? > > > > Tom > > > > _____________________________ > > Tom Ipri, MS > > Head, Media and Computer Services > > Lied Library > > University of Nevada, Las Vegas > > 4505 S. Maryland Pkwy > > Box 457035 > > Las Vegas, NV 89154-7035 > > 702-895-2183 > > [email protected] > > > > > > > > From: "Mark Gooch" <[email protected]> > > To: <[email protected]> > > Date: 09/21/2010 01:15 PM > > Subject: [Videolib] Academic Libraries Add Netflix Subscriptions > > Sent by: [email protected] > > > > > > > > Here's an interesting article from the Chronicle of Higher Education: > > "Academic Libraries Add Netflix Subscriptions" http://bit.ly/9n7g6n > > > > Mark D. Gooch > > Technology & Government Information Librarian > > The College of Wooster Libraries > > 1140 Beall Avenue > > Wooster, Ohio 44691 > > Phone: 330/263-2522 > > FAX: 330/263-2253 > > [email protected] > > AIM: mgooch90 > > Yahoo! IM: mgooch1 > > > > 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. > > > > > 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. >
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.
