Here's an interesting blog post about this issue http://meredith.wolfwater.com/wordpress/2010/09/18/netflix-in-libraries-and-hypocrisy/
originally linked from American Libraries Direct. Best, Myles From: [email protected] [mailto:[email protected]] On Behalf Of [email protected] Sent: Tuesday, September 21, 2010 4:28 PM To: [email protected] Subject: Re: [Videolib] Academic Libraries Add Netflix Subscriptions I think this is kind of what I'm getting at. When libraries buy something, they have the right to turn around and lend it. But since libraries are not buying DVDs from Netflix, they don't inherit the right to then lend them. It's because it's a difference can o' worms that, I'm thinking, makes it illegal. As with the situation with software: "Software companies also routinely attempt to avoid the first sale doctrine by characterizing their transaction with the purchaser as a license rather than a sale" (http://www.aallnet.org/committee/copyright/pages/issues/firstsale.html<http://www.aallnet.org/committee/copyright/pages/issues/firstsale.html>) 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: [email protected] To: [email protected] Date: 09/21/2010 02:14 PM Subject: Re: [Videolib] Academic Libraries Add Netflix Subscriptions Sent by: [email protected] ________________________________ 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.
